San Diego Union-Tribune

FIRST ICE DETAINEE DIES FROM COVID-19

Man had been at Otay Mesa facility since January

- BY KATE MORRISSEY

Hospitaliz­ed and on a ventilator for a little over a week, a detainee from Otay Mesa Detention Center on Wednesday became the first in immigratio­n custody nationwide to die from COVID-19.

Carlos Ernesto Escobar Mejia died around 2:15 a.m., according to his sister, Maribel Escobar. Her brother, known to her by the nickname “Netio,” would have turned 58 later this month, Escobar said.

She remembered her brother as very kind, someone who helped people, in particular doing everything he could to support their sister Rosa, with whom he lived in the Los Angeles area.

“My brother was a one-ofa-kind person,” Maribel Escobar said.

He was a good person and a good brother, Rosa Escobar said. She says she felt like a second mother to him, especially after their mother died a few years ago.

“Why is there so much injustice in this world?” Rosa said in Spanish, crying in an interview in the days before her brother’s death.

Rosa and her brother, the youngest of five siblings, came from El Salvador with their mother in 1980 during the country’s civil war to join Maribel, who was already in the United States. Rosa said she had lived with her brother ever since.

Her brother was the only one in the family who hadn’t been able to get a green card. Both sisters are now U.S. citizens.

Escobar Mejia had been at Otay Mesa Detention Center since January. That facility has become the biggest hot spot for the coronaviru­s among immigratio­n detention centers nationwide.

As of Tuesday afternoon, 202 people in custody there had tested positive — 136 Immigratio­n and Customs Enforcemen­t detainees and 66 U.S. Marshals Service inmates — according to facility records obtained by The San Diego Union-tribune.

Detainees have complained that the facility was not adequately protecting them from the novel coronaviru­s. Erik Mercado said he met Escobar Mejia in segregated housing — also known as solitary confinemen­t — when Escobar Mejia was brought in for participat­ing in a hunger strike over the facility’s conditions.

“It was all about his sister,” Mercado said in an interview. “He wanted to get home and help her out.”

ICE and Corecivic, the private company responsibl­e for the facility, didn’t respond to a request for comment in time for publicatio­n.

In a lawsuit recently filed by the American Civil Liberties Union, a federal judge ordered ICE to review cases of detainees who are medically vulnerable to the coronaviru­s and to release as many as possible. Escobar Mejia was on ICE’S list, but he was already in the hospital.

An attorney representi­ng ICE told the judge on Monday that Escobar Mejia was in serious condition and suggested praying for him.

Before being detained, Escobar Mejia, who had diabetes, had undergone several operations that left him without his right foot because of complicati­ons with that condition.

When he died, he had been in the hospital for a little over a week and had been on a ventilator, his sisters said. He received a blood transfusio­n on Tuesday, but his body had already been too weakened by the virus.

Just weeks before, on April 15, he had a bond hearing in front of Judge Lee O’connor, Rosa said, but O’connor didn’t let him out.

Rosa said it was because the judge was waiting for more informatio­n about a domestic violence charge that showed up in his record that had been a case of mistaken identity. In that criminal case, the judge dismissed the charge when he realized that police had arrested the wrong person, Rosa said. Escobar’s former attorney, Joan Del Valle, confirmed from her records that he had been acquitted.

“All of this anguish because of the judge,” Rosa said, “because on April 15, my brother was still well.”

Maribel tried to mail a letter to O’connor last week to express her frustratio­n at his decision.

The letter, which had been addressed to the detention center, came back to her on Wednesday. She said she’s going to try sending it again.

A spokeswoma­n for the

Executive Office for Immigratio­n Review, which employs immigratio­n judges, did not immediatel­y respond to a request for comment.

Rosa is also frustrated with the attorney she hired to help her brother once he was at Otay Mesa.

Del Valle is based in Los Angeles. She had represente­d Escobar Mejia since 2012 but couldn’t commute to south San Diego to keep helping him with his case for free, Del Valle said, so she advised Rosa to find someone local for the case.

That attorney wouldn’t take her calls, Rosa said, when she was trying to help her brother get out of the facility as his sponsor.

When she found out her brother was hospitaliz­ed, it was through Del Valle, whom ICE called when its officer couldn’t get in touch with the new attorney.

The San Diego attorney did not respond to attempts by the Union-tribune to contact him.

Her brother wasn’t perfect, Maribel said. When he was younger, he got in trouble from drinking, she said. Because of that, he hadn’t been able to get his green card.

Del Valle confirmed that

Escobar Mejia had a couple of conviction­s that were about three decades old, including a DUI. He had an arrest for possession of a controlled substance in 2012, which was later expunged, she said.

Del Valle got him released from an immigratio­n detention facility near Los Angeles when she took his case in 2012. Because of a judge retiring and other administra­tive lags, his trial was supposed to take place in October 2020, she said.

Then, in January, Escobar Mejia was arrested by immigratio­n officers while he was in a car with a friend.the two were in Chula Vista when they were stopped, according to his sisters. Further details about the detention weren’t available.

Both ended up at Otay Mesa, but the driver was later released on bond, the sisters said. Their brother was not.

On Wednesday evening, Rosa received a call to make arrangemen­ts for his body. She was told she has no option but to arrange for a direct cremation because of the virus. She said she was told she would have to pay $1,700 for the cremation.

kate.morrissey@sduniontri­bune.com

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