Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Yes, nightmare

Imperial Valley man fights exile to Mexico

Top directors of U.S. Customs and Border Protection, along with secretary of state John Kerry, face a federal lawsuit from an American citizen who claims he's been trapped in Mexico by the border patrol since 2011, Courthouse News Service reports.

Oscar Olivas says that while attempting to cross the border in August 2011, border agents denied him entry despite his citizenship and "referred him for a hearing at an unspecified date that occurred" without Olivas’s presence or knowledge.

Sponsored
Sponsored

Olivas had been living with his wife and stepson in Mexicali while they applied for immigrant visas, a years-long process. Living in the Imperial Valley border town allowed him to remain with his wife during the application process while crossing the border to work in the U.S.

According to his complaint, Olivas has attempted to petition Customs staff to regain his border-crossing privileges but claims "officials have told Mr. Olivas that if he returns to ask additional questions about his case, he will be arrested, detained for a period of time that will 'not be brief,' and removed without seeing a judge."

Compounding problems, Olivas, not a legal Mexican citizen, is ineligible for employment in Mexico and thus unable to work to provide for his family. His 12-year-old daughter does not have access to the special needs classes she requires and instead attends schools where lessons are given in Spanish, a language she has little grasp of.

The problems relate to officials questioning the validity of Olivas’s birth certificate. When the 45-year-old was born in 1969, his mother, a Mexican national, was afraid of visiting a hospital and his birth took place in a private residence with the assistance of a midwife. Five months later, acting on advice of a doctor performing a check-up on the infant, his mother obtained a "delayed registration birth certificate" in 1970.

When immigration officials interviewed his mother (who has since obtained her own U.S. citizenship) as part of the review process for granting his wife residency, she was allegedly threatened with the revocation of her citizenship unless she signed an affidavit stating that she had falsified information in order to obtain Olivas’s birth certificate, and that he had actually been born in Mexico. After being detained for several hours, she allegedly agreed to sign a pre-typed confession.

"In preventing Mr. Olivas from returning to his home country, the government has unlawfully disregarded both the practical and constitutional meaning of citizenship,” says Gabriela Rivera, staff attorney for the ACLU of San Diego & Imperial Counties, which calls Olivas’s situation a "Kafkaesque nightmare" and filed the lawsuit on his behalf.

Olivas is seeking a restoration of his right to travel to and from the United States, an affirmation of his citizenship status, and an admission that his exile violates the due-process clause of the Fifth Amendment.

The latest copy of the Reader

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Gonzo Report: Hockey Dad brings UCSD vets and Australians to the Quartyard

Bending the stage barriers in East Village

Top directors of U.S. Customs and Border Protection, along with secretary of state John Kerry, face a federal lawsuit from an American citizen who claims he's been trapped in Mexico by the border patrol since 2011, Courthouse News Service reports.

Oscar Olivas says that while attempting to cross the border in August 2011, border agents denied him entry despite his citizenship and "referred him for a hearing at an unspecified date that occurred" without Olivas’s presence or knowledge.

Sponsored
Sponsored

Olivas had been living with his wife and stepson in Mexicali while they applied for immigrant visas, a years-long process. Living in the Imperial Valley border town allowed him to remain with his wife during the application process while crossing the border to work in the U.S.

According to his complaint, Olivas has attempted to petition Customs staff to regain his border-crossing privileges but claims "officials have told Mr. Olivas that if he returns to ask additional questions about his case, he will be arrested, detained for a period of time that will 'not be brief,' and removed without seeing a judge."

Compounding problems, Olivas, not a legal Mexican citizen, is ineligible for employment in Mexico and thus unable to work to provide for his family. His 12-year-old daughter does not have access to the special needs classes she requires and instead attends schools where lessons are given in Spanish, a language she has little grasp of.

The problems relate to officials questioning the validity of Olivas’s birth certificate. When the 45-year-old was born in 1969, his mother, a Mexican national, was afraid of visiting a hospital and his birth took place in a private residence with the assistance of a midwife. Five months later, acting on advice of a doctor performing a check-up on the infant, his mother obtained a "delayed registration birth certificate" in 1970.

When immigration officials interviewed his mother (who has since obtained her own U.S. citizenship) as part of the review process for granting his wife residency, she was allegedly threatened with the revocation of her citizenship unless she signed an affidavit stating that she had falsified information in order to obtain Olivas’s birth certificate, and that he had actually been born in Mexico. After being detained for several hours, she allegedly agreed to sign a pre-typed confession.

"In preventing Mr. Olivas from returning to his home country, the government has unlawfully disregarded both the practical and constitutional meaning of citizenship,” says Gabriela Rivera, staff attorney for the ACLU of San Diego & Imperial Counties, which calls Olivas’s situation a "Kafkaesque nightmare" and filed the lawsuit on his behalf.

Olivas is seeking a restoration of his right to travel to and from the United States, an affirmation of his citizenship status, and an admission that his exile violates the due-process clause of the Fifth Amendment.

Comments
Sponsored

The latest copy of the Reader

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Live Five: Rebecca Jade, Stoney B. Blues, Manzanita Blues, Blame Betty, Marujah

Holiday music, blues, rockabilly, and record releases in Carlsbad, San Carlos, Little Italy, downtown
Next Article

San Diego beaches not that nice to dogs

Bacteria and seawater itself not that great
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader