66ers night, Ontario medical staff charged with obstruction, Mexican musician to be deported despite cartel threats

Good day,

It is Sunday, July 27.

Ontario medical staff charged after ICE arrest

Two Ontario medical center staff have been charged in federal court for allegedly interfering with an Immigrations and Customs Enforcement arrest.

The United States’ Attorney’s Office for the Central District of California announced the charges July 25. The complaint is not yet available on the federal case management system, and their attorney’s names are not available. 

Jose de Jesus Ortega of Highland was arrested July 25. As of the U.S. Attorney’s Office’s release, Danielle Davila of Corona is wanted by law enforcement. 

According to the release, two Immigration and Customs Enforcement officers were following a truck with three adult men on July 8. The release did not say the reason the officers were following the truck, but said they “conducted roving immigration-related operations.” The truck turned into an Ontario surgery center. One of the men, identified as an illegal alien by the press release, ran into the building. The officers pursued him. Ortega and Davila “impeded and interfered” with the arrest, the release said.

Video of the arrest is available here. 

“This story is another example of a false narrative echoed in the media in furtherance of an agenda to delegitimize federal agents,” said United States Attorney Bill Essayli. “The illegal alien arrested inside the surgery center was not a patient. He ran inside for cover and these defendants attempted to block his apprehension by assaulting our agents. It doesn’t matter who you are or where you work, if you assault our agents or otherwise interfere with our operations, you will be arrested and charged with a federal crime.”

The release said that the defendants could face eight years in federal prison.

9th Circuit affirms deportation of Mexican band member threatened by cartel

Perez Cruz was convicted of money laundering in the United States, and in cooperation with the government had named members of the Gulf Cartel. In 2018, cartel members told his ranch hand that if he set foot in Mexico again, he would be killed, the ruling said. When appearing before an immigration judge, Perez Cruz said his brother was kidnapped by a cartel due to Perez Cruz’s cooperation. In 2009, he was kidnapped, held for three days, and beaten by cartel members. In 2004, he was kidnapped by cartel members and forced to perform at gunpoint until 3 a.m.

The Ninth Circuit found that Perez Cruz’s visits to Mexico even after the death threat proved he was not in danger. 

“He returned to Mexico days after the 2009 incident, reentered Mexico nearly 400 times between 2009 and his arrest in 2018, and even returned to Mexico after his ranch hand was threatened in early 2018. He was not harmed on any of these visits. This substantial evidence supports the (immigration judge’s) finding that Perez Cruz did not have a reasonable fear of future harm,” the ruling says.

Perez Cruz argued that audio issues when appearing remotely in front of an immigration judge prejudiced his description of harm to his brother, and that the record indicated he was in danger.

The Ninth Circuit ruled that the audio issues present in the hearing did not prejudice his testimony.

“After Perez Cruz’s counsel entered all his evidence into the record, and after the government conducted cross-examination, his counsel later confirmed she had nothing else to add. She also did not mention Perez Cruz’s second brother or his kidnapping in her closing statement. There is thus no reason to believe the IJ missed anything. And if there were, Perez Cruz’s counsel was presented with ample opportunities to cure the defect. Perez Cruz had a fair hearing with an opportunity to be heard. As a result, he has no due process claim,” the ruling said.

Ninth Circuit Judge R. Nelson wrote the ruling, joined by Sandra Ikuta, Ryan Nelson and Kenneth Lee.

Birthright citizenship order enjoined again

Massachusetts District Judge Leo Sorokin paused President Donald Trump’s executive order halting birthright citizenship on July 25, after finding that a national injunction is the narrowest way to provide relief to state plaintiffs.

The Jan. 20 executive order ordered federal departments to not recognize the citizenship of children born in the United States, if neither of the child’s parents are United States citizens.

The ruling narrowly preempts the order’s Supreme Court-ordered implementation date of July 27. The executive order had already been preempted by a different federal injunction, which was overruled by the Supreme Court on June 27. Read Western State College of Law Professor Sandra Rierson’s article on the CASA ruling here.

“The plaintiffs have established by a preponderance of evidence that the scope of Court’s original preliminary injunction is necessary to provide them complete relief,” Sorokin’s order reads.

Read the story here.

CA's background checks for ammunition law struck down

The 9th U.S. Circuit Court of Appeals struck down California’s first-in-the-nation law requiring background checks for ammunition purchases, another blow to the state’s gun control framework that has been pared down, case by case, since the U.S. Supreme Court dramatically expanded gun rights in a monumental 2022 decision. 

The California law that forced ammunition purchasers to pass a background check was passed by voters in 2016. Gov. Gavin Newsom, at the time the state’s lieutenant governor, championed the initiative and was its primary advocate. 

Read the story here.

Planned Parenthood loses $300 million in federal funding

In the Monday night ruling, U.S. District Court Judge Indira Talwani stated that Planned Parenthood’s arguments show a “substantial likelihood of success,” but her order did not apply to most of the organization’s nearly 600 clinics. Instead the only clinics that may continue to receive funding while the lawsuit is ongoing are those that do not provide abortions because they are located in states where it is banned. Smaller health centers that received less than $800,000 in federal funds will also be allowed to receive federal reimbursements. 

Read the story here.

ICE releases deaf Mongolian immigrant after holding him for months without interpreter

A deaf Mongolian man who uses sign language to communicate has been released from immigration custody in Southern California after spending months in detention without access to an interpreter, a family member confirmed today. 

CalMatters reported earlier this month on the man’s detention. His family requested he only be identified by the name Avirmed because of their fear that he could be harmed by the Mongolian government if he is eventually returned to his home country. 

Read it here.

Personal news: Hispanic Bar Association's 66ers night

I joined the Hispanic Bar Association of the Inland Empire July 24, at San Manuel Stadium. The San Jose Giants scored on their first runner, then beat the 66ers 9-3. HBAIE President David Rivera said he's proud of the bar association's growth this year: they're set to hit 50 active members. I met siblings Sharon Ramirez, president-elect of Riverside County Bar Association Barristers, and Kenny Ramirez, president-elect of the Consumer Attorneys of the Inland Empire. Sharon said they both want to give back to the Inland Empire, the community that raised them. HBAIE Treasurer Alejandro Barazza offered to show me an office he would like to rent by the Riverside Courthouse on Tuesday. I ended the game talking with HBAIE President-Elect and Pride Bar Association of the Inland Empire Vice-President Veronica Garcia, and her husband, San Bernardino courtroom attendant Ed Garcia. Since we sat behind home plate, I left with a game ball—and these photos.

Federal filing roundup

Immigration petitions, police force cases, ADA suits and more are in today’s federal filing roundup.

I attended a San Bernardino tenant's protest against Hightower Management and the Nijjar family's rental units on Saturday. Eighteen speakers, including San Bernardino Councilwoman Treasure Ortiz, spoke over two hours on topics of legal representation, code enforcement and tenant unionization. After the protest ended, I talked with Hightower Management Supervisor Monay Wilson. Since this edition came out the next day, I didn't have the time to go through all my notes on it. You'll see it next week.

Thank you for reading. I'll see you next Sunday,

Aidan McGloin