Mendoza v. U.S. Immigration & Customs Enforcement

Decision Date21 February 2017
Docket NumberNo. 16-1807,16-1807
Citation849 F.3d 408
Parties Ramon MENDOZA, Plaintiff–Appellant Laura Mendoza, Plaintiff v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; John Does, #1–5, Defendants Jeff Davis, Sarpy County, Nebraska Sheriff, Defendant–Appellee John Does, #6–10, Defendants–Appellees Justin Osterberg, individually; Sarpy County, Nebraska, Defendants–Appellees
CourtU.S. Court of Appeals — Eighth Circuit

Counsel who presented argument on behalf of the appellant was Denise Ellen Frost, of Omaha, NE. The following attorney(s) appeared on the appellant's brief; Clarence E. Mock, III, of Oakland, NE., Amy Anne Miller, of Lincoln, NE.

Counsel who presented argument on behalf of the appellee Justin Osterberg was Sarah Fabian, of Washington, DC. Counsel who presented argument on behalf of the appellees Jeff Davis and Sarpy County, Nebraska was Brandy Rae Johnson, of Lincoln, NE. The following attorney(s) appeared on the appellees brief of Jeff Davis and Sarpy County, Nebraska; Vincent Valentino, of Lincoln, NE.

Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

BEAM, Circuit Judge.

Ramon Mendoza appeals the district court's1 grant of summary judgment in favor of Defendants Justin Osterberg; Sarpy County, Nebraska (the County); John Does 6–102 (the County employees); and Sheriff Davis on numerous claims based on an improper immigration detainer issued on March 5, 2010, and withdrawn on March 8, 2010. For the reasons discussed below, we affirm.

I. BACKGROUND

Mendoza is a naturalized United States citizen with the full birth name Ramon Mendoza Gallegos. He typically uses the name Ramon Mendoza. Mendoza has a valid United States passport and a Social Security card and number issued by the Social Security Administration. Mendoza has never been charged with or convicted of a state or federal felony but has several convictions for driving-related offenses. At the time of the incident relevant to this case, there were no outstanding warrants for his arrest.

At approximately 4:00 p.m. on Friday, March 5, 2010, while driving his niece's vehicle, Mendoza was pulled over by police officers for having an obstructed view. Mendoza did not have a driver's license or the vehicle's registration. He was arrested for driving with a revoked license. The officers told him that he would be taken to the Sarpy County Jail to be processed and then released. Mendoza was booked on the state charges of driving under revocation of a license, no proof of insurance, and obstructed view. Sarpy County Deputy Lyle was at the intake desk and began the intake process. Lyle asked Mendoza questions and wrote Mendoza's responses on a preprinted intake form. They communicated in English. Mendoza gave his name, address, and other information, but he misstated the last digit of his social security number. When asked for his city of birth, he stated that he did not know. Because Lyle's shift ended, he did not complete Mendoza's intake form. Deputy Titus continued the intake procedure with Mendoza. Titus and Mendoza communicated in English. In his deposition, Titus stated that he did not specifically recall this encounter with Mendoza, but he recognized his handwriting on the intake form. The final intake form stated that Mendoza was not a United States citizen and that his language was Spanish. At no time during the intake procedure did Mendoza disclose his United States citizenship status. Mendoza claims none of the officers asked about his citizenship. Mendoza signed the completed intake form. He also signed a 48–hour waiver form, waiving his right to appear before a judge expeditiously.

In the normal course, after the intake paperwork is completed, deputies pass the paperwork to booking clerks who input the data into the jail's computerized booking software, follow up with other agencies as necessary, and assign each arrestee to temporary housing. The booking clerks on duty on March 5, 2010, were Mary Sortino and Brandi Chase, neither of whom have a specific recollection of Mendoza's paperwork. As part of the Sarpy County Jail's policy, the booking staff is supposed to update the inmate's records from prior periods of incarceration. This was the fourth time Mendoza had been booked at the Sarpy County Jail. The three prior records showed the same name, address, date of birth, and place of birth. However, in October 2006, Mendoza gave a social security number that differed in four digits from his actual number. Also relevant, the prior records showed that he was a United States citizen and that his language was English. A record from 2008 showed that Immigration and Customs Enforcement (ICE) confirmed that Mendoza was a United States citizen. This note from 2008, however, was entered in the "notes" portion of the "booking information" screen, a screen that was not normally accessed during the booking procedure and not available to all jail employees.

Prior to March 2010, ICE sent a memorandum to the Sarpy County Jail requesting that booking clerks call ICE on its toll-free phone number whenever the jail received an inmate with a foreign birth place or any other reason that made the clerk uncertain of the arrestee's citizenship status. Because Mendoza's intake form noted that Mendoza was born in Mexico and that he was not a United States citizen, Sortino called ICE's toll-free number at 6:08 p.m. on March 5, 2010. In November 2009, Nebraska and Iowa ICE officers started a duty rotation to cover calls from law enforcement agencies that came in after hours, on weekends, or on holidays. An ICE agent was assigned the duty phone on a rotating basis and would handle all phone inquiries from law enforcement about particular individuals. The ICE agent determined whether to place an immigration detainer on any individual in custody. An immigration detainer is a notice to law enforcement that ICE seeks custody of an alien not legally in the United States. The detainer tells law enforcement that ICE intends to assume custody of the alien, requests information from law enforcement about the alien's impending release, and requests that law enforcement maintain custody of an alien who would otherwise be released for up to 48 hours, not including weekends or holidays. When determining whether to issue a detainer, ICE agents weigh evidence received from law enforcement and the individual, paying special attention to the person's social security number, place of birth, date of birth, and other identifying information. The ICE agent is also able to contact the Law Enforcement Service Center (LESC) to run database checks if the agent does not have access to the necessary databases.

Osterberg, the ICE agent on duty on March 5, was working from his home in Cedar Rapids, Iowa, when he answered Sortino's call. This was the first time he had ever spoken to anyone from the Sarpy County Jail. This was also his first time handling a weekend duty assignment. Osterberg did not have direct access to any databases because the duty laptop was broken. Sortino's normal practice was to give the ICE agent the information from the intake form, including the inmate's name, date of birth, and whether the inmate denied United States citizenship. If asked, she would also provide the inmate's social security number, place of birth, and local charges. Sortino provided the name from the intake sheet, Ramon Mendoza. Osterberg testified that he was not told that Mendoza was claiming United States citizenship. Osterberg spoke with Mendoza, who provided his name (Ramon Mendoza), date of birth, parents' names, and social security number, and stated that he was born in Mexico. Mendoza never mentioned that he was a United States citizen.

Osterberg then contacted LESC, provided Mendoza's information, and asked LESC to search their databases. LESC found two files that matched Mendoza's information. Both files had information about Ramon Mendoza with the same date of birth, social security number, and father's name. However, the two files had different names listed for the mother, different Alien File (A–File) numbers, and different second last names. The first file was for Ramon Mendoza–Gutierrez, an aggravated felon who was previously removed from the United States to Mexico on March 21, 2008. The second file was for Ramon Mendoza–Gallegos, a legal permanent resident. Because Osterberg was working from home on a weekend, he had no way to access the A–Files. It is very common, however, for one individual to have more than one A–File from various situations, such as if the person enters the United States illegally or where a person uses different aliases. Also, identity theft is very common among illegal aliens. Based on the matching social security number, date of birth, and father's name, Osterberg determined that the two files from LESC were "one and the same person." Thus, Osterberg concluded that he had probable cause to believe that the Sarpy County Jail had Ramon Mendoza–Gutierrez, an aggravated felon subject to removal.

At approximately 6:19 p.m. on March 5, 2010, while Osterberg was collecting information and contacting LESC, Sortino conducted an initial National Crime Information Center (NCIC) database search and printed a report on Mendoza. Like the information from LESC, the NCIC report contained several possible individuals with the same or similar names and identical dates of birth. The report contained the following names: Ramon Mendoza, Ramon Mendoza–Gallegos, and Ramon Mendoza–Gutierrez. Because Mendoza misstated the last number of his social security number on the intake form, none of the social security numbers in the NCIC database exactly matched the social security number Mendoza reported on March 5. Mendoza–Gallegos had the same FBI number, state identification number, and birth date as the information for the person listed as Ramon Mendoza. The listing for Mendoza–Gallegos also had a social security number matching the person listed as Ramon Mendoza and a social...

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