Man Dies in ICE Custody at Otay Mesa Detention Center
Roberto Jimenez Gutierrez, a 43-year-old man from Guatemala, died on October 24, 2026, while in ICE custody at the Otay Mesa Detention Center in San Diego. Staff found him unresponsive in his safety cell; CPR and emergency response could not save him. ICE says the cause of death is under investigation and an autopsy will be conducted.
A 43-year-old Guatemalan man died in ICE custody at the Otay Mesa Detention Center in San Diego on October 24, 2026. Roberto Jimenez Gutierrez was found unresponsive in his safety cell at 11:31 a.m. Staff called a medical emergency, CPR began at 11:38 a.m., and paramedics arrived at 11:52 a.m. He was pronounced dead at 12:23 p.m. The cause of death is under investigation, and an autopsy is planned.
How He Ended Up in Detention
ICE's Enforcement and Removal Operations (ERO) San Diego arrested Jimenez on October 9, 2026, during enforcement operations in Escondido, California. Agents reinstated a prior final order of removal — a process where immigration authorities reactivate an old deportation order without a new court hearing — and transferred him to Otay Mesa pending removal to Mexico. He had been ordered removed to Mexico as far back as October 2006 and was removed again in March and April 2008. In November 2016, U.S. Customs and Border Protection encountered him at the Paso Del Norte Port of Entry in El Paso, Texas, and released him pending a possible relief application with USCIS. He did not appear for that appointment.
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ICE notified the Department of Homeland Security, the ICE Office of Inspector General, the ICE Office of Professional Responsibility, Jimenez's next of kin, and the Consulate of Guatemala — all standard steps required under ICE policy when a detainee dies in custody. ICE states that all people in its custody receive medical intake screening within 12 hours of arrival, a full health assessment within 14 days, and 24-hour emergency care access.
Why This Matters for People in Removal Proceedings
Deaths in ICE detention draw attention to conditions inside facilities and the medical care detainees receive. Advocacy groups and members of Congress regularly review ICE's detainee death reports, which the agency publishes on its public website. For immigrants currently in removal proceedings or detained, knowing your rights — and having legal representation — can affect both your safety and your case outcome.
What to do
- If a family member is detained by ICE, contact an immigration lawyer immediately. A lawyer can check whether a reinstatement of removal was applied correctly and whether any relief options remain.
- If you or someone you know is in ICE custody and not receiving medical care, ask facility staff for emergency medical attention. ICE policy requires 24-hour emergency care for all detainees.
- Family members of a detained person can call the ICE detainee locator (1-888-351-4024) to find out where someone is being held.
- If a loved one dies in ICE custody, the consulate of their home country must be notified — ICE is required to do this, but you can also contact the consulate directly to ensure they are informed.
What to do, step by step — see our guide “Your Rights During an ICE Encounter”.
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When ICE reinstates a prior removal order, the person generally has no right to a new immigration court hearing — but there are narrow exceptions, including asylum claims based on fear of return. If your client was arrested under a reinstated order, act fast: file a reasonable fear interview request with USCIS if there is any credible fear of persecution or torture. For families of detainees who die in custody, preserving medical records and requesting an independent autopsy review are critical first steps. Consult an immigration attorney immediately to understand what legal options remain.
Frequently Asked Questions
What is a reinstatement of removal order?
A reinstatement of removal is when ICE reactivates an old deportation order against someone who re-entered the US after being deported. There is usually no new immigration court hearing. However, if you fear returning to your home country, you may request a 'reasonable fear' interview with USCIS, which can pause the process.
What medical care are ICE detainees entitled to?
Under ICE policy, all detainees must receive a medical intake screening within 12 hours of arriving at a facility, a full health assessment within 14 days, and access to 24-hour emergency care. If a detainee is denied emergency care, that is a violation of ICE's own standards.
What happens when someone dies in ICE custody?
ICE is required to notify the Department of Homeland Security, its Office of Inspector General, the detainee's next of kin, and the consulate of the person's home country. An investigation is opened and an autopsy is typically conducted. ICE also publishes a public report on its website.
Can a family member get information about a detainee's death or condition?
Yes. You can call the ICE detainee locator at 1-888-351-4024 to find out where someone is held. You can also contact the home country's consulate, which ICE is required to notify in the event of a death. An immigration attorney can help you request records and communicate with the facility.