U.S. Citizen deported, illegal aliens coddled (cuddled?) by Obama gov’t

by Atty. Emmanuel Samonte Tipon 

Where in the world are citizens deported while illegal aliens are coddled (cuddled ?)? Only in America and only under an Obama government. How could this happen? What are the rights and remedies of the victim?

The Obama administration granted “amnesty” or “prosecutorial discretion” or “deferred action” or whatever they want to call it in favor of about a million aliens who entered the U.S. illegally.

On the other hand, the Obama administration deported a U.S. citizen. Mark Daniel Lyttle was born in North Carolina, hence  a U.S. citizen. He was of Puerto Rican descent, suffering from a diminished mental capacity. In 2008 North Carolina Immigration and Customs (ICE) agents took him into custody from a detention facility and interrogated him without a witness present. Agent Faucette’s  notes showed that Lyttle’s real name was Jose Thomas, that the name Mark Daniel Lyttle was an alias, and that he was a citizen of Mexico who entered the U.S. at the age of 3 without permission. The agents searched FBI records and other data bases which showed that Lyttle was a U.S. citizen. A warrant of arrest was served on Lyttle. A Notice of Intent to Issue a Final Administrative Removal Order was issued charging Lyttle with being deportable as an alien convicted of an aggravated felony. Lyttle claimed that Agent Faucette coerced and manipulated him into signing the Notice whereby Lyttle waived his right to a removal hearing before an Immigration judge and acknowledged that he was a Mexican citizen and agreed to be deported to Mexico. He claims he did not understand the document or the implications of signing it. The acknowledgment identified Lyttle as Jose Thomas but Lyttle signed his name as Mark Lyttle.

Agent Collado interrogated Lyttle who claimed he was a USC, born in North Carolina and denied being a Mexican citizen. A Notice to Appear (NTA) before an Immigration Judge was issued alleging Lyttle was a citizen of Mexico. The IJ ordered Lyttle removed. He did not have an opportunity to present evidence or challenge the evidence of Mexican citizenship. He was transported to the Mexican border and sent off on foot into Mexico still wearing prison-issued clothes and given $3. Lyttle did not speak Spanish. He tried to return to the U.S., was apprehended at the border, and interrogated in Spanish which he did not understand. He was returned to Mexico. Over the next 115 days Lyttle wandered through Central America. He arrived at the U.S. Embassy in Guatemala and he was issued a U.S. passport. At the Atlanta, GA airport ICE agents detained and interrogated him and found he had a lengthy criminal history. He claimed U.S. citizenship. ICE agents issued an expedited removal order against Lyttle stating he falsely presented himself as a U.S. citizen. His family hired a lawyer who demanded Lyttle’s release. DHS released him. He claims that he suffered and continues to suffer grievous physical and psychological injury from his deportation.

DAMAGES UNDER FEDERAL LAW

Lyttle filed suit in U.S. District Court against the ICE agents in their individual capacities, the DHS Secretary and other top officials, and the U.S. for monetary damages under the Federal Tort Claims Act. The defendants moved to dismiss.

The court held that a U.S. citizen who has been detained without probable cause, who the federal agents knew claimed to be a U.S. citizen, whose claim of citizenship was not investigated, whose claim was supported by easily accessible corroborating evidence, and who was manipulated by the federal agents through coercion and distortion of the record, should have a claim against the responsible agents to recover damages for his injuries caused by his detention and subsequent banishment from the United States, if he is able to prove that the government employee violated his constitutional rights in the process and if that employee is not entitled to qualified immunity. The court held the following claims should not be dismissed: (1) Fifth Amendment due process claims against specified ICE defendants; (2) Fourth Amendment unreasonable seizure claims against specified ICE defendants; and (3) Federal Tort Claims Act claims against the United States for false imprisonment, negligence, and intentional infliction of emotional distress.

Lyttle v. United States, U.S. District Court, M.D. Georgia, No. 4:11-CV-152 -CDL, March 31, 2012.


(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.MilitaryandCriminalLaw.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)