Man seeks $1M in damages from federal officials

BROWNSVILLE - A Venezuelan is seeking $1 million in damages from the United States and several federal officials after he claims he was illegally deported twice to his native country where he says he fears for his life.

Garrinzon Gonzalez filed a lawsuit in federal court in Brownsville Dec. 22 claiming that Secretary of Homeland Security Michael Chertoff and immigration deportation officers at the Willacy County Detention Center violated his civil rights. Immigration officials declined to comment.

Attorney Jodilynn Marie Goodwin of Harlingen represents Gonzalez.

Goodwin said corrupt high-level officials in Venezuela with ties to narco-traffickers had Gonzalez detained and tortured in 2003 because he refused to do their bidding.

"There are photographs," Goodwin said, referring to his injuries.

Ten days later, he fled to the United States, equipped with a visitor's visa, she said. Goodwin said that he was able to obtain permanent residency and settled in Florida.

But then he got in trouble and was convicted in 2007 in Florida of possessing a small amount of cocaine. "He wasn't trafficking," Goodwin said. Goodwin said that immigration officials began removal proceedings because Gonzalez was convicted and took him to the Willacy County Detention Center.

Gonzalez contested his removal, not requesting asylum, but filing an application to remain under the United Nations convention against torture, which provides protection against removal, Goodwin said.

The Immigration Court in Harlingen ordered in February this year that he be deported and Gonzalez filed a notice of appeal with the Board of Immigration Appeals, which is the highest administrative body that interprets and applies immigration laws, she said.

Despite the pending appeal, which should have brought a stay in immigration proceedings, immigration officers wrongfully deported Gonzalez April 2, Goodwin said.

In May the Board of Immigration Appeals sustained Gonzalez's appeal.

"We won the appeal," said Goodwin, and the case was remanded to the immigration judge in Harlingen for proper evaluation.

Given the appellate board's finding, Gonzalez returned from Venezuela in October and again was detained in Willacy County. Goodwin said that because Gonzalez had been deported, the judge found that he no longer had jurisdiction and could not reconsider Gonzalez's claim to protection in the United States .

Gonzalez was again deported to Venezuela Dec. 23.

"It was a real disaster," Goodwin said, and thus the lawsuit.

Goodwin asks, "How many people have they done this to in the past?"