Jesse J. Avila, Guardian Ad Litem of Daniel Cardona v. Immigration and Naturalization Service

FACTS

In September 1977, Daniel Cardona, a 23-year-old American citizen who is mentally impaired, was stopped by local police in Clovis, California, jailed, turned over to the Immigration and Naturalization Service as a suspected illegal alien and deported to Mexico. Daniel told the authorities that he was an American citizen but was not allowed to call his family. His father, Jesus, searched for him until December, when Daniel was finally located wandering the streets of Tijuana. His mental condition was so poor that he had to be hospitalized in Mexico for several weeks before he could be brought back to Fresno County. There he required further medical attention. Subsequently he was certified as mentally incompetent and placed in a custodial facility.

In April 1978, Jesus filed a Standard Form 95 (SF 95) asserting a claim of $50,-385 against the government for damages to Daniel’s mental state and for the expenses incurred in locating him and procuring medical treatment for him. This form was filed in the name of “Daniel Cardona” as claimant. However, it was signed by “Jesus Cardona” without further identification. At various places on the form reference is made to “claimant’s…