An Unruly Migrant


An Unruly Migrant

The official story—as told by Customs and Border Enforcement (CBP) and Border Patrol spokespeople and agents, as well as by the San Diego Police Department—paints Anastasio’s behavior and attitude as out of the norm and unruly from the time he was arrested.

According to Border Patrol Agent Nicholas Austin, one of the arresting officers, Anastasio was very talkative as he escorted the two brothers to his border patrol vehicle. Austin thought this behavior was “odd” since most apprehended immigrants “do not behave in this fashion.”

Anastasio’s odd behavior allegedly continued at the Chula Vista Border Patrol Station. When Anastasio arrived at the station, he was carrying a jug of water. According to Border Patrol Agent Gabriel Ducoing, liquids can’t be brought into the facility because they may be flammables or acids and can thus be used as weapons. Ducoing thus asked Anastasio to dispose of the jug in a trashcan, but he initially refused. When Anastasio finally complied, rather than disposing of the jug, he emptied that water slowly into a trashcan. At this point, Ducoing walked over to Anastasio and pushed the jug out of his hand and into the trash retainer. Ducoing then took Anastasio into a search area where he was asked to stand against a wall to be patted down. During this process, Anastasio was “argumentative, uncooperative,” and would not stay still.

The official narrative suggests that Anastasio continued to be problematic as he interacted with other agents during the rest of his stay at the Border Patrol station. His behavior oscillated between calm and agitated. He would be tranquil one moment, but then become argumentative and complain loudly. Specifically, he complained that an agent, Ducoing, had kicked his legs open during a pat down and injured his ankle.

Due his ‘disruptive behavior’, Border Patrol Supervisor Ishmael Finn determined that it would be best deport Anastasio immediately, rather than waiting to remove him with other detainees. Anastasio behavior was seen as a potential safety hazard. Border Patrol Agents Ducoing and Philip Krasielwicz were charged with the task of transporting Anastasio to the San Ysidro Port of Entry for removal to Mexico.


‘Most of the detainees brought to the processing area comply with directives and remain relatively quiet. AHR did not’.

Jose Galvan, Border Patrol Agent

‘At the time, the Border Patrol had a protocol prohibiting talking by detainees while in the processing room for purposes of officer safety, and to maintain order. Although told to maintain silence, AHR continued to talk out loud the entire time he was in the processing area, talking about his ankle and commenting that he was not a criminal.’

Philip Krasielwicz, Border Patrol Agent

‘While detained, the decedent was apparently becoming increasingly agitated and confrontational with agents. That evening, he was moved to the San Ysidro Port of Entry for deportation back into Mexico.’

James P. Buckley, Medical Examiner Investigator (as reported by Detective Sargent David Dolan, San Diego Police Department)

‘At first encounter, he was argumentative and complaining about an ankle injury…. AHR acknowledged he was in the United States illegally and he seemed to calm down and began acting in a normal manner. As I turned to leave the area, I again heard AHR become argumentative this time with processing Agent Sandra Cardenas. I returned to AHR’s immediate area and continued to note he was being loud, rude, an uncooperative.’

Ishmael Finn, Border Patrol Supervisor

‘In AHR’s case, we all agreed to expedite his return because he was agitated and boisterous, and we did not want to place him in a cell with any other detainees due to safety concerns.’

Gabriel Ducoing, Border Patrol Agent





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