Bejar-Guizar

BACKGROUND

Bejar-Guizar crossed the U.S.-Mexico border with a group of people and then got left behind. He had entered the U.S. at night, during heavy fog, without inspection by any immigration official. Two Border Patrol agents—members of an Intelligence Anti-Smuggling Unit strike team—had been deployed to perform “fog cutting,” i.e., assisting line Border Patrol agents with stopping illegal drugs and immigrants during heavy fog. The first agent saw Bejar-Guizar the next morning. Bejar-Guizar was not jogging or walking a dog, and he was walking on the side of the road with no sidewalk. Because the agent was driving in the opposite direction as the man, he radioed his partner to take a closer look. The second agent got two good looks. On his first drive-by, he observed that Bejar-Guizar was walking in the roadway itself and was not trying to flag down any passing vehicles. Then, turning his vehicle around, the agent saw that the man had mud on his legs and boots, as if he had freshly crossed the Tijuana River. The agent stopped Bejar-Guizar to ask him several questions. Bejar-Guizar told the agent that he: (1) was from Mexico, (2) did not have documents allowing him to enter

USA…