Roxana Orellana Santos' lawsuit to be reconsidered

      FREDERICK, Md. (WJLA){}- A federal appeals court has ruled that a discrimination lawsuit filed by a Salvadoran native was improperly dismissed by a lower court in February 2012.{}

      In October 2008, Roxana Orellana Santos was eating lunch{}outside her workplace when two Frederick County sheriff's deputies approached her and questioned her immigration status, even though Santos had broken no laws, her attorney says.{}After asking for her identification, the deputies learned Santos was wanted by U.S. Immigration and Customs Enforcement on a civil deportation warrant.{}

      Santos was held without criminal charges for 46 days.{}She later sued, arguing that the arrest violated her Fourth Amendment rights.{}

      Three judges from the U.S. Court of Appeals for the Fourth Circuit concluded Wednesday that Santos could not sue the deputies or Sheriff Chuck Jenkins, but ordered that a lower court re-examine the case.

      "It is apparent that the Frederick County deputies pre-textually stopped, questioned and detained Ms. Orellana Santos solely based upon her physical appearance at a time when the Fredrick County Sheriff was publicly trumpeting how many immigrants his office had arrested. This is the essence of racial profiling," said Jose Perez, Deputy{}General Counsel of LatinoJustice PRLDEF.