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SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050
SAN DIEGO (AP) — A military judge refused to dismiss the case against a decorated Navy SEAL charged with killing a wounded Islamic State prisoner in Iraq in 2017.Capt. Aaron Rugh (ROO) made the ruling Friday after previously removing the lead prosecutor who has been accused of misconduct.Defense lawyers argued for the case to be dismissed after discovering prosecutors secretly tracked their emails without court approval.RELATED:New date set for Navy SEAL murder trialMilitary judge releases Navy SEAL accused of murder before his trialRugh unexpectedly released Special Operations Chief Edward Gallagher from custody last week as a remedy for prosecutors interfering with his right to counsel.Gallagher is charged with premeditated murder in the stabbing of a teenage militant and with attempted murder in the shooting of two Iraqi civilians.He denies the charges and says disgruntled platoon members made the allegations because of his tough leadership. 966

SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761
SAN DIEGO (CNS) - A collective of conservation organizations filed lawsuits Thursday against San Diego County and its board of supervisors for approving a controversial housing development in the Otay Ranch community, with the groups claiming that the development endangers wildlife and the development's future residents. The project known as Adara was approved last month with a 3-2 vote and involves construction of more than 1,000 homes and a commercial village core, along with an elementary school, fire station, sheriff's office, trails, electric vehicle charging stations, solar panels and more than 700 acres of open space and parks. Environmental groups contend that its location, between the city of Chula Vista and rural community Jamul, is home to several endangered and protected plant and animal species and is at exceptional risk for wildfires. Plaintiffs include the Center for Biological Diversity, Preserve Wild Santee, the California Chaparral Institute, Endangered Habitats League, California Native Plant Society and the Sierra Club. ``Building houses in this fire-prone place will put people at risk, and it'll wreak havoc on golden eagles and other wildlife,'' said Peter Broderick, an attorney with the Center for Biological Diversity. ``By approving this sprawl project, officials have put both homeowners and wildlife in danger. They've dealt a big setback to sustainable development in San Diego County.'' In their complaint, the plaintiffs referenced county data identifying ``22 special-status plants and 28 special-status wildlife species'' on the project site. They also allege that the area is especially prone to wildfires, which was noted by Supervisor Dianne Jacob in her dissenting vote on the project. The complaint states the area ``has burned at least 17 times in the last 100 years'' and is ``at serious risk for fast-moving, wind-driven fires.'' The site's steep terrain would make suppressing fires difficult, and homeowners would only have one evacuation route available, according to the plaintiffs. Peter Andersen, chair of the Sierra Club's San Diego Chapter, called the project ``a fire trap that endangers all East County residents, contributes to severe traffic jams and destroys multiple species' habitat,'' while Richard Halsey of the California Chaparral Institute said ``History has shown that during a wind-driven wildfire, developments like this one in a known fire corridor can and have been destroyed by embers flying a mile or more ahead of the flame front. The claim that a development like this is fire safe ignores everything we have learned during the destructive 2017 and 2018 firestorms.'' 2662
SAN DIEGO (CNS) - A collective of conservation organizations filed lawsuits Thursday against San Diego County and its board of supervisors for approving a controversial housing development in the Otay Ranch community, with the groups claiming that the development endangers wildlife and the development's future residents. The project known as Adara was approved last month with a 3-2 vote and involves construction of more than 1,000 homes and a commercial village core, along with an elementary school, fire station, sheriff's office, trails, electric vehicle charging stations, solar panels and more than 700 acres of open space and parks. Environmental groups contend that its location, between the city of Chula Vista and rural community Jamul, is home to several endangered and protected plant and animal species and is at exceptional risk for wildfires. Plaintiffs include the Center for Biological Diversity, Preserve Wild Santee, the California Chaparral Institute, Endangered Habitats League, California Native Plant Society and the Sierra Club. ``Building houses in this fire-prone place will put people at risk, and it'll wreak havoc on golden eagles and other wildlife,'' said Peter Broderick, an attorney with the Center for Biological Diversity. ``By approving this sprawl project, officials have put both homeowners and wildlife in danger. They've dealt a big setback to sustainable development in San Diego County.'' In their complaint, the plaintiffs referenced county data identifying ``22 special-status plants and 28 special-status wildlife species'' on the project site. They also allege that the area is especially prone to wildfires, which was noted by Supervisor Dianne Jacob in her dissenting vote on the project. The complaint states the area ``has burned at least 17 times in the last 100 years'' and is ``at serious risk for fast-moving, wind-driven fires.'' The site's steep terrain would make suppressing fires difficult, and homeowners would only have one evacuation route available, according to the plaintiffs. Peter Andersen, chair of the Sierra Club's San Diego Chapter, called the project ``a fire trap that endangers all East County residents, contributes to severe traffic jams and destroys multiple species' habitat,'' while Richard Halsey of the California Chaparral Institute said ``History has shown that during a wind-driven wildfire, developments like this one in a known fire corridor can and have been destroyed by embers flying a mile or more ahead of the flame front. The claim that a development like this is fire safe ignores everything we have learned during the destructive 2017 and 2018 firestorms.'' 2662
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