Judge Dismisses Assault Charge Against Ontario Man
A federal judge dropped the assault-on-an-officer charge against Carlos Jimenez, who was shot during an immigration enforcement stop in Ontario.
Updated on Nov. 4, 2026 in Immigration
U.S. District Judge Kenly Kiya Kato dismissed with prejudice the federal assault charge against Carlos Jimenez, 26, on November 3, 2026. Jimenez had been shot in the shoulder by a federal officer during an immigration enforcement traffic stop in Ontario on October 30, 2025.
Why it matters
The dismissal ends a criminal case that began with a shooting during an immigration enforcement action in Ontario, a city where residents have a direct stake in how such encounters are handled. Because the charge was dismissed with prejudice, it cannot be refiled, and Jimenez's attorney has signaled a civil claim over the prosecution and medical care.
The assault charge carried up to 20 years in federal prison and was dismissed with prejudice on November 3, 2026, meaning it cannot be brought again. The U.S. Attorney's Office had agreed in May to drop the charge on October 31 if Jimenez committed no crimes, but the Justice Department has not said why the case was resolved as it was.
The players
Kenly Kiya Kato
A U.S. District Judge in the federal court in Riverside, California, who ordered the dismissal of the case.
Carlos Jimenez
A 26-year-old Ontario, California resident who was shot by a federal officer during an immigration enforcement stop and later faced the assault charge.
Greg Jackson
The attorney representing Carlos Jimenez, who has said he will pursue a malicious prosecution claim against the government.
The details
Officers stopped a Honda with three occupants around 6:30 a.m. on South Vineyard Avenue on October 30, 2025, as part of an immigration enforcement action. A CBP officer shot Jimenez in the right shoulder after his vehicle accelerated backward toward officers, and the bullet remains in his shoulder. Jimenez had pleaded not guilty, and authorities had earlier offered a diversion program requiring him to admit the allegations.
Timeline
October 30, 2025: Federal officers stop the vehicle and shoot Jimenez during the immigration enforcement traffic stop.
May 2026: The U.S. Attorney's Office agrees to drop the charge on October 31 if Jimenez commits no crimes.
October 31, 2026: Date set for the charge to be dropped under the May agreement.
November 3, 2026: Judge Kenly Kiya Kato dismisses the assault charge with prejudice.
Immigration Context
Charges of assaulting a federal officer during immigration enforcement stops have typically moved toward plea or trial, making this with-prejudice dismissal a departure from that pattern. The case illustrates how enforcement encounters that end in shootings can be resolved through the criminal courts years before any civil accountability is determined.
Residents of Ontario and surrounding communities who encounter immigration enforcement stops may face unexpected federal charges that can take a year or more to resolve. The case shows that a charge of up to 20 years can be dropped, but the person shot during the stop may still be carrying the injury and awaiting a civil remedy.
The takeaway
Charges arising from immigration enforcement encounters can be reversed after a shooting, but the injury and legal questions often outlast the criminal case. Tracking the civil claim will show whether the government is held to account for the prosecution and the delayed medical care.
Further reading
For more on how these enforcement actions are handled, see Immigration coverage on Wisevoter.
Source note: This article includes information reported by The Orange County Register.
