The video above documents a barbaric incident that occurred in May 2010. It reveals the vicious beating of a man that was encountered while attempting to reenter the United States without authorization so that he could be reunited with his five United States citizen children.
The man, Anastasio Hernández Rojas, was 32-years-old at the time and did not survive the attack by Border Patrol officers. You can see him being repeatedly beaten by batons, kicks, by punches, as well as being tasered for what eyewitnesses claim to be almost thirty-minutes. Hernández Rojas can be heard pleading for his life while he was handcuffed on the ground.
The San Diego police department investigation resulted in the determination that the Border Patrol's actions were justified because of claims that Hernández Rojas was resisting arrest. An eyewitness to the attack, Humberto Navarrete, has come forward stating unequivocally that Hernández Rojas was not resisting, and was pleading for his life while the officers employed excessive force against a helpless man.
The video further contradicts these claims as it shows that Hernández Rojas was both handcuffed and hogtied during the attack. The agents confiscated phones of witnesses in the area in an attempt to cover their tracks, but three separate videos of the attack have been uncovered.
So you may ask what has the Obama Administration done in the last two years to correct this human rights violation committed by their own agents?
The answer predictably is NOTHING.
The Obama administration has not even gone so far as to ask for copies of the videos of the incident, or to speak to the three eyewitnesses, as the Justice Department and Department of Homeland Security have closed and sealed their investigation, entirely accepting the San Diego police department's report. Case closed.
More "Change" you can believe in.
Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).