Guillermo Verganza Dies in ICE Custody at Otay Mesa Detention Center

Family of Guillermo Pascual Verganza Seeks Answers After County Confirms ICE Released the Wrong Name for the Man Who Died at Otay Mesa

OTAY MESA, CALIFORNIA (October 29, 2026) – A 43-year-old Guatemalan man identified as Guillermo Pascual Verganza died in Immigration and Customs Enforcement custody at the Otay Mesa Detention Center in San Diego.

San Diego County officials are saying that the medical emergency occurred around 11:30 a.m. on Saturday. Guillermo Pascual Verganza had been held at the facility since ICE agents arrested him during an enforcement operation in Escondido on October 9, according to KPBS.

On Saturday morning, staff at the CoreCivic-operated facility found him unresponsive in what ICE described as an assigned safety cell, Daylight San Diego reported. Staff declared a medical emergency, called 911, and began CPR within minutes, according to inewsource.

Paramedics arrived around 11:52 a.m. and continued lifesaving efforts. Guillermo Pascual Verganza was pronounced dead at the facility less than an hour after he was found.

ICE initially released his name as Roberto Jimenez Gutierrez, but the county later confirmed his legal name as Guillermo Pascual Verganza, and his family disputes ICE’s account of who he was. The county Medical Examiner performed an autopsy on Monday, and the results have not been released.

The Guatemalan Consulate in Los Angeles is working with his family on bringing his body home to Guatemala, according to KPBS. Relatives have set up an altar in his honor for Día de Muertos.

San Diego County sued ICE and CoreCivic in June to force a public health inspection of the facility. A three-part inewsource investigation that month found dozens of detainees describing deteriorating health and inadequate care, and the county later found the facility failed to promptly report tuberculosis cases.

A California Department of Justice review released in May found serious overcrowding at Otay Mesa and strained resources across the state’s detention facilities. County supervisors have since asked ICE and CoreCivic to preserve records related to his death, which may show how he was monitored before he was found.

Liability for Otay Mesa Detention Center Deaths

People in civil immigration detention depend entirely on the facility for their safety and medical care. In California, Civil Code section 1714 makes everyone responsible for harm caused by a lack of ordinary care, and state courts have held that jailers, including private operators, owe people in custody a duty to protect them from foreseeable harm. Because the Federal Tort Claims Act’s definition of a federal agency excludes contractors, claims involving privately run facilities often turn on state law. When someone dies, Code of Civil Procedure section 377.60 allows certain family members to bring a wrongful death action. Whether a facility met its duties often turns on several issues:

• Monitoring: Facilities are expected to conduct and document regular checks, especially on people in special housing or observation cells.
• Screening: ICE says detainees receive intake health screening within 12 hours of arrival and a full health assessment within 14 days.
• Emergency Response: How quickly staff recognize an emergency, begin CPR, and summon paramedics can decide whether a life is saved.
• Staffing: Shortages of medical and custody staff can delay care and allow warning signs to go unnoticed.
• Records: Medical charts, cell-check logs, and video footage are often the clearest evidence of what happened.

Courts have addressed how these duties apply when a private company runs a federal detention facility. In Minneci v. Pollard (2012), the U.S. Supreme Court considered claims by a prisoner at a privately operated federal prison in California who said staff denied him adequate medical care after he injured both elbows. The Court held that he could not sue the private employees directly under the Constitution, reasoning that California tort law already imposes a duty of reasonable care, including medical care, on private prison operators. As a result, state negligence and wrongful death law is often the main path to accountability in privately run facilities. Each case turns on what staff knew and how they responded.

Getting Answers After a Death in Immigration Detention

Gaps in medical care have been linked to most deaths in immigration detention. A 2024 report by Physicians for Human Rights, the ACLU, and American Oversight found that independent medical experts deemed 49 of 52 deaths in ICE custody from 2017 through 2021, or 95 percent, preventable or possibly preventable with appropriate care. The same review found incorrect or incomplete diagnoses in 88 percent of those deaths. Deaths have since climbed, reaching at least 30 nationwide this year. Families looking for answers can draw on several sources:

• Death Notice: ICE policy calls for a public notice of a detainee’s death within two business days.
• Death Report: Congress has required ICE to publicly release reports on in-custody deaths within 90 days.
• Autopsy: A county medical examiner’s autopsy can establish the cause and manner of death independently of the agency’s account.
• State Review: California’s Government Code section 12532 directs the Attorney General to review conditions and the standard of care in immigration detention facilities.
• Records Requests: ICE’s more detailed internal death reviews have been made available through its FOIA Library and Freedom of Information Act requests.

Families should not have to rely on press releases to learn how a loved one died in custody. Independent reviews, public inspections, and complete records help show whether a death was preventable and whether the same risks remain for others still detained. California law gives the families of people who die through another’s negligence the right to pursue accountability in court. Transparency is often the first step toward lasting change.

Investigating In-Custody Deaths in Otay Mesa

We at Feher Law offer our deepest condolences to the family of Guillermo Pascual Verganza. We hope the agencies and companies responsible for immigration detention in Otay Mesa provide a full accounting of his final hours and take meaningful steps to protect others still in their care. His death raises serious safety concerns about medical oversight and monitoring inside immigration detention. What did staff observe about his health in the days and hours before he was found unresponsive?

Has your family lost someone in immigration detention or jail custody in Otay Mesa or elsewhere in San Diego County? Families have a right to a complete and honest account of how a loved one died while in someone else’s care. The facility operator and federal agencies typically hold the medical charts, cell-check logs, and surveillance video, and early official statements may leave out key details. Our team of safety advocates and accident investigators can help you understand what happened, from medical and staffing records to camera footage and accounts from others held in the same unit. If you have questions about your rights or would like a free, independent investigation, we’re available anytime at (310) 340-1112.