Mar. 26, 2012 | Posted by: Eunice Cho

Undocumented Immigrant Worker Loses Challenge Against Bank of America

Undocumented Immigrant Worker Loses Challenge Against Bank of America

As the Sacramento Bee aptly puts it, "Do you want your banker acting like an immigration agent?" Last Thursday, Judge Charles Breyer of the Northern District of California dismissed a complaint brought by Luis Martinez-Rodriguez, a Sacramento gardener, homeowner, and father of U.S. citizens who had three accounts and a morthgage with the Bank of America. Martinez's nightmare began when a Bank of America agent called him into the bank for a meeting, and reported him to Yuba County authorities for identity theft. County authorities turned him over to ICE, who then began removal proceedings.

The court dismissed Martinez's claims for negligence, emotional distress, and civil rights violations, and held that the Bank's actions were protected under California's anti-SLAPP law.

The district court's order can be found below:

Martinez-Rodriguez v. Bank of America (N.D. Cal., Mar. 21, 2012).

 

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Filed under: DHS/USCIS | Discrimination | Immigrant Workers | Immigration | Litigation