Rojas

Scott was acting deputy chief patrol agent of the San Diego Border Patrol Sector when agents preparing to deport Anastasio Hernández Rojas beat and tased him in a walkway at the San Ysidro Port of Entry until he stopped breathing, court records show.

Federal officials said Hernández Rojas, 42, fought with the agents attempting to remove him from the country.

“No less than seven local and federal investigatory bodies reviewed the circumstances of Mr. Hernández Rojas’ death, and none found evidence of actions that were inconsistent with law, regulation, or policy,” Noem wrote.

Roxanna Altholz, director of the Human Rights Clinic at UC Berkeley Law, which represents the family of Hernández Rojas, said in a statement that the family has never received a full accounting of how the investigation was handled.

In 2017, the government settled a federal lawsuit with Hernández Rojas’ family for $1 million.