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.