Pedro Guzman
Encyclopedia
Pedro Guzman is a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 citizen who was erroneously and illegally deported to Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

 by the Immigrations and Customs Enforcement
U.S. Immigration and Customs Enforcement
U.S. Immigration and Customs Enforcement is a federal law enforcement agency under the United States Department of Homeland Security , responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security...

 agency (ICE) in May 2007. He spent 85 days in Mexico before successfully returning to the United States and his family. He is currently involved in a lawsuit filed on February 27, 2008 against the Los Angeles County Sheriff's Department
Los Angeles County Sheriff's Department
The Los Angeles County Sheriff's Department is a local county law enforcement agency that serves Los Angeles County, California. It is the fourth largest local policing agency in the United States, with the New York City Police Department being the first. The second largest is the Chicago Police...

 and ICE.

Sometime prior to 2008, Guzman was arrested for trespassing in a Lancaster airport, where he attempted to board a private airplane, and was subsequently sentenced to 120 days in a Los Angeles County jail (later reduced to 40 days). During custody, a sheriff's department employee erroneously reported him to the ICE as a non-citizen, despite both departmental records and a statement Guzman made at booking identifying him as a US citizen.

Once transferred to ICE custody, Guzman signed a document agreeing to a voluntary deportation to Mexico. ICE officials claimed that Guzman "repeatedly told ICE officers and Customs and Border Patrol officials and others that he was born in Mexico". He was then transferred to Tijuana, Baja California, and given $3 to survive with. Using a borrowed cell phone, Guzman made a call to his family explaining his deportation, but the call was disconnected.

Guzman then spent nearly three months in Mexico, destitute. He ate out of dumpsters, bathed in rivers, and slept outdoors. In June 2007, while Guzman was still in Mexico, his family filed a lawsuit to attempt to force the US government to aid in their search for him. The suit was unsuccessful and Guzman's mother, Maria Carbajal, proceeded to search for him herself. She traveled to Tijuana and spent several days in the area looking for him, cooking for workers in a banana warehouse in exchange for shelter in a back room there. He tried to cross the US-Mexico
United States–Mexico border
The United States–Mexico border is the international border between the United States and Mexico. It runs from Imperial Beach, California, and Tijuana, Baja California, in the west to Matamoros, Tamaulipas, and Brownsville, Texas, in the east, and traverses a variety of terrains, ranging from major...

 border several times, but was turned away each time. Guzman was eventually found near the Calexico, California
Calexico, California
Calexico is a city in Imperial County, California. The population was 38,572 at the 2010 census, up from 27,109 at the 2000 census. Calexico is about east of San Diego and west of Yuma, Arizona...

 border crossing in August 2007 and reunited with his family.

Upon his return, Guzman (represented by law firm Morrison & Foerster) filed a separate lawsuit in conjunction with the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

 (ACLU) alleging racial discrimination and violations of Guzman's constitutional rights. An ICE statement claimed that Guzman's case was "one-of-a-kind". In a House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 subcommittee hearing, Deputy Director Gary E. Mead of the Office of Detention and Removal Operations at ICE said that out of roughly 280,000 people deported in 2007, "only one was a US citizen". The ACLU, however, claimed "ICE lacks even rudimentary safeguards against erroneous determinations." Mead said the ICE is "reviewing its policies and procedures to determine if even greater safeguards can be put in place to prevent the rare instance where this event occurs" and that the process will be completed by May 13, 2008 (90 days from the February 13 hearing).

Guzman "received no assistance from ICE agents -- or anyone else -- in attempting to read or understand" the voluntary release document that he signed. In the United States, detainees held on immigrations violations do not have a 6th Amendment right to counsel.

Guzman has been alleged to be mentally ill and/or developmentally disabled. During custody in LA County, he was given prescription anti-psychotic
Psychosis
Psychosis means abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality"...

medications for "hearing voices". He reads and writes at a 2nd-grade level and has trouble remembering information, like his personal phone numbers. Carbajal was quoted as saying, in Spanish, "Sometimes [Guzman] disconnects from reality. He was like that before, but he's worse now."

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