Video surfaces of U.S. Border Patrol tasing incident

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By Mike Gertzman By Mike Gertzman

SAN DIEGO, Calif. -- The American Civil Liberties Union wants federal officials to investigate what many are calling brutal beating at the border.

In grainy cell phone video recently released, taken two years ago, you can hear shouting.

“I was shocked and horrified at the treatment this man received at the hands of U.S. federal officials,” said Victoria Lopez with the Arizona chapter of the ACLU.

Shortly after the video was taken of Anastasio Hernandez Rojas, 42, he was hospitalized in San Diego, brain dead.

Rojas’ family is accusing U.S. Border Patrol agents of beating and tasing Rojas, eventually causing his death.

“You can hear Mr. Rojas crying for help, asking the officers to stop,” described Lopez.

Rojas' wife was seen holding a 'Justice for Anastacio sign' at a press conference in San Diego recently.

The family wants the U.S. Department of Justice to investigate what exactly happened at the San Ysidro Port of Entry, in San Diego, on May 28, 2010.

Rojas was being deported to Mexico when the videos were taken.

Supporters say the undocumented father of five lived in the San Diego area with his family for 27 years.

“What we know today warrants opening up an investigation and really bringing all of those facts to light,” said Lopez.

There is an online petition circulation at to get U.S. Attorney General Eric Holder involved.

So far 32,421 people have signed the petition.

3TV received a statement issued at the time of the incident which occurred in 2010 from an official with U.S. Customs and Border Protection Tuesday:

"An incident at the San Ysidro Port of Entry on Friday involving the death of a Mexican national is currently being investigated by the San Diego Police Department and U.S Customs and Border Protection. CBP law enforcement personnel were processing an individual who had earlier entered the United States illegally for removal, when the subject became combative. After repeated orders to cease, one of the officers deployed a taser to subdue the individual and maintain officer safety. Emergency medical personnel were notified immediately and transported the individual to the hospital, and CBP worked quickly to extend assistance to the individual's family-paroling several family members into the United States to provide support. CBP regrets the loss of life and awaits the results of a complete investigation into this incident."

3TV also received a second CBP Statement Tuesday that reads:

"CBP stresses honor and integrity in every aspect of our mission. CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe. We do not tolerate abuse within our ranks, and we fully cooperate with any criminal or administrative investigations of alleged misconduct by any of our personnel, on or off duty.  All serious incidents and allegations are investigated.

Click here to see a lawsuit file against Customs and Border Protection by Rojas' family
3TV also reached out to the DOJ and the White House for comment and have not heard back.