CBP o cer faces up to 10 years on excessive force charge

SAN DIEGO – A U.S. Customs and Border Protection officer stationed in Calexico faces up to 10 years in prison for an allegation that he used unreasonable force on a person who trying to gain admission to the United States from Mexico.

U.S. Attorney’s Office of the Southern District of California announced CBP Officer Marcos Valenzuela, 29, is charged in an indictment that was unsealed Wednesday.

According to the indictment, an individual identified as “J.L.,” approached Valenzuela on Aug. 16, 2019, while he was on duty at the Calexico west port of entry.

“During the course of the inspection, Valenzuela allegedly deprived the individual of the Constitutional right not to be subjected to unreasonable force,” the U.S. Attorney Office said in a release.

The indictment also alleges that Valenzuela’s actions resulted in bodily injury to the victim.

“The protection of the civil rights of all persons entering the United States remains a high priority of the Justice Department, and our office in particular,” said Acting U.S. Attorney Randy Grossman. “All allegations of excessive force by law enforcement officers are investigated thoroughly and carefully reviewed to ensure public confidence in our commitment to redressing violations of Constitutional rights.”

Grossman praised prosecutor Chris Tenorio and agents from the FBI and U.S. Customs and Border Protection, Office of Professional Responsibility for their work on this case.

“No one is above the law and this indictment should assure the public that the FBI is committed to rooting out any public servant who violates their oath – regardless of where they work,” said FBI Special Agent in Charge Suzanne Turner. “Actions such as the ones alleged in this case violate an officer’s oath, the public’s trust, and damage law enforcement’s reputation.”

“I want to thank Customs and Border Protection’s Office of Professional Responsibility for their collaboration and partnership in bringing this case to fruition.”

“All CBP employees are required and expected to abide by all laws they enforce, said Elizabeth Cervantes, with the Customs and Border Protection Office of Professional Responsibility. “CBP stresses professionalism, honor and integrity in every aspect of its mission, and CBP OPR is fully committed to investigating all allegations of misconduct while supporting the men and women who proudly uphold their duties to serve and protect.”

Valenzuela was arraigned on the indictment before U.S. Magistrate Judge Ruth Bermudez Montenegro. He is scheduled to appear before U.S. District Court Judge Janis L. Sammartino at 1:30 p.m. on May 21 for a motion hearing.

The case is being prosecuted by Assistant U.S. Attorney Christopher P. Tenorio.