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SANTA ANA, Calif. () — The Department of Homeland Security says it will appeal a ruling that ended the deportation case of an Orange County landscaper and father of three U.S. Marines.
Narciso Barranco was detained by Border Patrol agents last year in Santa Ana.
Barranco’s violent arrest on June 21 in front of an IHOP was captured on camera. DHS accused him of threatening agents with a weed trimmer as they were attempting to detain him — claims his family pushed back on at the time.
He was taken to a detention facility and was released on bond about three weeks later.
READ MORE | OC man forcibly detained by Border Patrol agents in Santa Ana, video shows
Video shows Narciso Barranco being punched by Border Patrol agents as they try to take him into custody in the middle of a busy Santa Ana intersection.
This week, a judge dismissed his case, ruling that Barranco is eligible for lawful status because he has three American sons serving in the military.
Barranco’s attorney is now working to secure his permanent residency and a work permit.
His attorney, Lisa Ramirez who is also running for Congress in California, told News on Thursday that her client has a pending application for Parole in Place, a program that allows some immediate relatives of veterans to apply for legal status. If his petition is approved, he may then be able to apply for a green card.
“Here’s a man who raised three US citizen Marine sons, men who put their lives on the line for the protection of this country and our freedom and everything else that we stand for in principle,” Ramirez said. “To have their father apprehended in one of the most brutal ways imaginable was a slap in the face.”
In a statement, DHS Assistant Secretary Tricia McLaughlin said the judge’s ruling doesn’t change the fact that Barranco is an undocumented immigrant who they claim attacked a federal agent.
“The agents took appropriate action and followed their training to use the minimum amount of force necessary to resolve the situation in a manner that prioritizes the safety of the public and our officers. Reports that officers dislocated his shoulder are FALSE. He was offered medical care which he declined.”
News contributed to this report.
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