LONG ISLAND, N.Y. — Federal Judge Gary R. Brown ruled Monday that U.S. Immigration and Customs Enforcement agents unlawfully arrested an individual they mistakenly identified as a “target” during a May operation, finding that the arrest lacked evidence to support the agents’ mistaken identification.
According to court documents from the U.S. District Court for the Eastern District of New York, an “operation” conducted by ICE agents in the Bronx resulted in the unlawful arrest of both the petitioner in this case and another individual found to be an American citizen.
Following the arrest, the petitioner filed a habeas petition in June to challenge the legality of his arrest. A bail hearing was then held, where the petitioner testified along with three ICE agents who were involved in his arrest.
During the hearing, the ICE agents testified that they were conducting the “operation” in search of an individual wanted under a removal order, who they each believed had been involved in various forms of criminal activity. While conducting surveillance, the agents were notified of a second “target” whom they were assigned to look for.
The agents were provided with a photograph of the individual they were looking for. Additionally, one of the agents testified that they had a “precise height and weight” for the individual, while another agent claimed they did not have access to that information.
Records show that the agents claimed they saw a man with a similar build to the individual they were searching for, despite the petitioner being five inches taller and 80 pounds heavier than the target. The team leader, John Katepodis, later admitted that when comparing the photograph they had with a photograph of the petitioner, “it’s very easy to see they’re two different people.”
Regarding the actual arrest, Katepodis testified that at the end of a “field interview” he conducted with the petitioner, he realized that they had detained and arrested the wrong person.
When a supervisor was informed of the situation, Katepodis indicated that the petitioner had self-admitted to being in the country illegally, and the supervisor said that he would issue a warrant for arrest. The petitioner was then informed that he was under arrest, although there was no actual warrant issued yet, and the petitioner had already been arrested for some time.
Following the hearing, Katepodis attempted to recant his testimony by presenting statements that contradicted the testimony he had previously given. He admitted that the team of agents did have access to precise information about the height and weight of the two individuals labeled as targets of the operation.
In further contradiction of his previous testimony stating that he did not have a warrant for arrest, he indicated that he was under the impression that an arrest warrant had already been issued before the arrest took place.
Considering the conflicting testimony given by the agents, it was determined that the petitioner had been unlawfully detained and arrested. This decision was largely based on the fact that the petitioner was arrested before a warrant was ever issued.
After examination of the evidence presented, several issues were identified within the testimony provided by the agents. Most notably, it was concluded that the ICE agents had given false testimony to the court and written post-arrest documents that contained false statements.
The court concluded that some of the actions taken in this case could result in the court imposing sanctions on the agents involved if action is not taken to resolve these concerns.
Ultimately, Judge Brown granted the habeas petition and indicated that the court will consider whether further proceedings are necessary after a response is received from ICE concerning the issues identified in its policies and procedures during this case.
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