Who was Anastasio Hernández Rojas? Details explored ahead of the release of HBO’s Critical Incident

Anastasio Hernández Rojas was a 42-year-old Mexican national who had resided in the U.S. for over 20 years, mainly in San Diego, California. He was a construction worker and father of five kids from his wife, María de Jesús Puga Morán.

Anastasio Hernández Rojas had previously traveled back and forth to visit his family in Mexico but was undergoing deportation proceedings for previous immigrant offenses. Anastasio Hernández Rojas was detained on May 28, 2010, at the San Ysidro Border Crossing in San Ysidro, California, upon his return from a family visit to Mexico, when he wanted to regain entry into the U.S.

A violent struggle between the victim and U.S. Customs and Border Protection officers in which the victim was beaten, subdued, and Tased while handcuffed and prone on the ground. The victim had extremely aggravated injuries, including a rib fracture and hemorrhaging in the body, and died three days later in a hospital due to cardiac failure.

The cause of the death was identified as a homicide by the San Diego County medical examiner. It also highlighted broader concerns over migrant treatment at U.S. borders. As the Inter-American Commission on Human Rights (IACHR) recently examined the matter, finding violations of rights to life and humane treatment, the story remains relevant.

HBO documentary Critical Incident: Death at the Border, directed by Rick Rowley, is releasing on December 29, 2025, via HBO or streaming on Max.

Critical Incident: Death at the Border: Who was Anastasio Hernández Rojas

Anastasio Hernández Rojas was originally from Mexico but relocated to America in the early 1990s, settling down in San Diego. Despite having a deportation order back in 2007, he continued to be a regular member of society, working ardently on construction sites.

By 2010, he was married to María de Jesús Puga Morán, and they had five children named Yeimi Judith, Daisy Alejandra, Fabián Anastasio, Daniel, and Daniela. They lived together in a humble house situated in the South Bay region of San Diego, where Hernández Rojas was acknowledged as a devoted father and a devoted husband who frequently traveled back and forth to visit family and work.

In early 2010, he took a trip to Mexico to visit family and resolved to return home to the United States. The immigrant appeared for inspection at the San Ysidro Port of Entry, the main border crossing from Tijuana to San Diego, hoping for some resolution of his immigration status.

CBP records reflect that he was flagged because of the outstanding deportation warrant and was taken into a holding cell. This routine stop escalated quickly, setting the stage for the tragic events. Hernández Rojas spoke little English, a factor that could have contributed to limited communication during the processing, as per NBC Sandiago.

The incident at the San Ysidro Port of Entry

On May 28, 2010, at approximately 7 p.m., Anastasio Hernandez Rojas was led to a processing room at the San Ysidro border crossing after CBP officers recognized his status of deportation. He was asked to voluntarily sign a paper for returns, but he declined because of his family in America.

This led to a scuffle when CBP officers tried to handcuff him from behind. Rojas resisted by pulling back and yelling, and over a dozen CBP and Immigration and Customs Enforcement officers responded to control him. They pushed Rojas to the ground and punched, kicked, and kneed his back and sides because he was face down on the ground. 

His hands and feet were shackled using flex cuffs and leg irons, making it so that he could not move his arms or legs. Agents applied a Taser in drive stun mode on his lower back twice despite the fact that the suspect was strapped down and un-dangerous.

Eyewitnesses reporting the incident recorded the cartel member pleading in Spanish, "No me peguen," or Don't hit me! directly into a cell phone camera’s audio. The incident lasted half an hour, in which two agents weighing more than 200 pounds held down a 140-pound Hernández Rojas.

There were no agents injured in the initial resistance. This use of force took place within a secure, non-public area, out of foot traffic, exemplifying the isolation with which encounters of this type take place. The video repudiated initial claims made by CBP that he was aggressive and out of control during the Taser deployment, according to NBC Sandiago.

Immediate aftermath and cause of death

Anastasio Hernández Rojas was found unresponsive, and foam was observed coming from his mouth at about 11 p.m. on May 28, 2010. He was rushed to Sharp Memorial Hospital after medics were summoned for assistance. His first symptoms included labored breathing and signs of injury.

Preliminary analysis indicated that Anastasio had five broken ribs, a lacerated liver, bruised lungs, and bruising throughout his face and extremities. Anastasio Hernández Rojas had gone into cardiac arrest while being transferred to the hospital and had been resuscitated several times over three days.

He was still in a coma and was being sustained by a breathing machine when he passed away at the age of 42 on May 31. The San Diego County medical examiner listed the cause as cardiac arrest due to blunt force injuries, complicated by brain damage from oxygen deprivation.

The manner of death was ruled homicide, which means human intervention. Toxicology tests revealed no drugs or alcohol in his system; neither substance played a part in his death. The records of the hospital revealed that the medical attention at the scene was late; basic first aid had been provided, but with no immediate transport despite visible distress.

Family members, notified hours later, found him in critical condition upon arrival, as reported by NBC Sandiago.

Investigations, legal proceedings, and recent developments

There were several probes that followed the death of Anastasio Hernández Rojas. These included an initial investigation by the San Diego Police Department but were disrupted by CBP's Critical Incident Team (CIT), who controlled all of the evidence and video footage.

In 2012, the Department of Homeland Security's Office of Inspector General concluded its investigation but did not find any evidence of wrongdoing. In 2015, federal prosecutors refused to press charges related to civil rights abuses due to a lack of evidence.

In 2016, the IACHR case was filed, and in May 2025, the justice system issued a merits report, which ruled that the U.S. is culpable in cases of torture, denial of medical treatment, and investigation failings. In 2017, the family won their civil case against the state but for an undisclosed settlement.

It accused violations of rights to life, integrity, and justice in the American Declaration. Recommendations ranged from reopening the criminal case to reparations to reforming use-of-force policies to include limiting Taser stun mode. In 2022, CIT was disbanded amid scrutiny, as per IACHR.

Catch Critical Incident: Death at the Border, premiering on December 29, 2025, on HBO.