Judge Refuses to Dismiss Case Over Border Patrol Sign

SAN DIEGO — A federal judge Monday refused to drop smuggling charges against a Mexican national who sought dismissal because he was forced to pose with a sign saying “I Support Our Border Patrol” after his arrest.

“While taking the photo is clearly inappropriate,” said U.S. District Judge Tom Whelan, “I don’t see [that] taking the photo denies due process.”

Shaun Khojayan, attorney for Jesus Ibarra Chavez, argued that the sign constituted “outrageous government conduct” and a blatant disregard for his client’s rights.

“We don’t support the Border Patrol, the way the Border Patrol treats people,” Khojayan said. “We don’t support their racist practices.”

Ibarra was arrested Feb. 27 outside El Centro in a truck loaded with illegal immigrants. While his booking picture was being taken, a small sign was stuck beneath his chin.

Whelan said that Ibarra could not read English and so probably had no idea what the sign said. But his attorney responded that Ibarra understood the derisive laughter of Border Patrol agents and felt humiliated.

The judge said the sign incident may prove helpful during trial as a way to encourage sympathy for the defendant, who remains in custody while awaiting trial.