Case Brief: Immigration, Witness Protection and Deportation

This case brief examines the legal issues surrounding the deportation of an undocumented immigrant who witnessed a crime. The case involves David, who reported an assault by a police officer. However, due to his undocumented status, he faces deportation under the Immigration and Nationality Act. The brief highlights the challenges faced by undocumented witnesses, the potential impact on their lives, and the legal complexities. Judge Mooring deferred the deportation due to David being a witness. This case study explores the conflict between enforcing immigration laws and protecting witnesses, as well as the impact on David's personal life, including his impending marriage. It also references relevant legal and academic sources, providing a comprehensive overview of the case and its implications. The case underscores the difficult choices faced by undocumented immigrants who witness crimes and the potential consequences of their actions.

Case Brief 1
Case Brief
Name
Affiliation
Instructor
Date

Case Brief 2
Case Brief
Facts
David Campos called the police on 15th August 2019 to report a case of assault in
California. On this day, his girlfriend was being assaulted by a California Police Officer called
Alvin Bright. Officer Alvin was fondling David’s girlfriend in a disrespectful way after stopping
his car. David’s girlfriend is an American citizen who works with him at a ticketing office.
Both have plans to marry each other in November this year. Three days after making the
allegations against Officer Alvin, eight women appeared at the California Police Station to
report that they had also been mistreated by Officer Alvin. As a result, Officer Alvin was
relieved of his duties and fired. This led to subsequent court sessions where he was charged
with extortion, sexual battery and sexual discrimination.
Issue
After cooperating with the police, David now faces a huge problem. He is now facing
deportation because he is not a documented individual in the United States. The authorities
want to deport him back to Mexico. The law enforcers, during their investigations, found
out that David was undocumented. This meant that he was in the country illegally. This
decision was made with the reliance on the federal Immigration and Nationality Act which
allows local officers enforcing the law to enforce the federal immigration laws which are
part of their job descriptions. It is at this point that David was arrested. He is now waiting to
be deported despite being a witness, (Wong et al., 2019, 15).

Case Brief 3
Rule
David’s case is an example of how witnesses- whether documented or not, face a lot
of hurdles in the hands of law enforcers. This has forced man of them to become silent
whenever they witness certain crimes happening.
In relation to David’s case, Judge Mooring deferred his deportation to December
because he is a witness. This leads to interference with many activities that David and his
fiancée were planning. The impending marriage in November may not happen because he
will still be in custody unless he is released. Secondly, the marriage will be an opportunity
for him to get citizenship thus becoming a documented individual. While in custody, he will
not get the opportunity to arrange for his wedding r get the necessary documents. Further,
he has never involved himself with any criminal activity, has a stable job and also wishes to
live in the United States.
Application
Undocumented immigrants who are witnesses are faced with the option of
remaining silent or report criminal activities, (Allen, 2019, 10). This puts them at a high risk
of deportation. On the other hand, is identified as a witness in ongoing investigations puts
them at risk of losing their opportunities in America. The act of alerting authorities in many
cases arises from the desire to see justice happen.
Based on the incidence, it is evident that many women suffer in the hands of officers
such as Alvin. David did the right thing of reporting the incident despite knowing that he

Case Brief 4
may be arrested. These events and the impending marriage plans have forced David to seek
a legal opinion and assistance.
References
Allen, C.D., 2019. Toward Evidence-Based Policies and Programs That Promote Immigrant
Well-Being. 10
Wong, T.K., Shklyan, K., Silva, A. and Espino, J., 2019. Fractured Immigration Federalism:
How Dissonant Immigration Enforcement Policies Affect Undocumented Immigrants.
15