Border Patrol Agent Charged with Unlawful Use of Force by a Law Enforcement Officer

Luis E. Fonseca, a United States Border Patrol Agent assigned to the Imperial Beach Border Patrol Station in California was charged with deprivation of rights under color of law. Border Patrol Agent Fonseca appeared in federal court today before United States Magistrate Judge William McCurine, Jr.

 According to the indictment, Border Patrol Agent Fonseca kneed and choked an unidentified alien,depriving him of the right under the Constitution and the laws of the United States to be free from use of unreasonable force by a law enforcement officer. The indictment also alleges as a result of the use of unreasonable force the individual sustained bodily injury.

Magistrate Judge McCurine set bond for Fonseca at $25,000. The defendant is next scheduled to be in court on May 29, 2012, before the Honorable Marilyn Huff,United States District Judge, for motions hearing. United States Attorney Duffy noted, “People detained at the border should be treated with human dignity and respect by federal agents. It is important for the public to know that the Department of Justice takes alleged civil rights violations seriously. We have processes in place to investigate and will take action where appropriate to protect those rights.”

 This case is being investigated by the Department of Homeland Security, Office of the Inspector General.