Woman sues government for $5 mil after deportation dispute

Right Up Front ^ | 06/05/2008 | Katy L Vidales

[KatyLoraleyVidales]

5th U.S. Circuit Court of Appeals in New Orleans is hearing a a suit brought forth byAttorney Susan Watson of Texas Rio Grande Legal Aid on behalf of Monica Castro who lost her daughter in a custody dispute 5 years ago.

Ms. Castro had been living with her daughter Rose, and common law husband Omar Gallardo. Gallardo was in the US illegally, while his wife and daughter were both American citizens. The dispute arose when Gallardo was arrested, detained, and later deported by Border Patrol Agents. He stated that he was the father of then 11 month old Rose and he wanted to take her with him to Mexico.

It all started when Castro, attempting to flee an abusive relationship with Gallardo, attempted to leave with her daughter. Gallardo would not hand over Rose. No charges were ever filed or brought forth on Gallardo for abuse, neglect or endagerment of a child. Castro then contacted the Family and Protective Services (FPS) who informed her that she needed to submit a custody form which would take approxamtly two weeks to process.

Castro then took it upon herself to contact Border Patrol Agent Manuel Sanchez and inform him of Gallardo being in the country illegal. Agent Sanchez checked into Gallardo's record and had him arrested. Castro assumed this is the only she could get her little girl back. When Gallardo was arrested Castro was not at the scene, with no relative to look after Rose, Agents allowed Gallardo to take his daughter with them to the station. When Castro became aware of the situation she went to the Border Patrol office to collect her daughter...without the custody order she was advised to get by FPS, she was denied custody of the child and Rose was sent back with Gallardo to Mexico...

[Reeses]

$5 million seems to be the current lawsuit lotto sweet spot. For the longest time it was $1 million, then jumped to $10 million, now is down to 5. Why is the cash equivalent of justice equal to precisely 5 cool big ones? Because humans happened to have evolved with 5 fingers, that's why.

I wish we had only 4 digits on each hand since both 4 and 8 are a power of two. Base 4, 8, or 16 math makes for more natural numbers. For example in making measurements it's much easier to meet in the middle than it is to meet some fraction in base 10. I hate the metric system! The inch is far superior to the centimeter.

[Attention Surplus Disorder]

“That was my argument...had the mother followed the advice of the government entities it is my belief that she would have had her parental rights re-instated, but because she decided to take matters into her own hands she risked losing the child...her fault.”

Precisely agree. The mother essentially called on Immigration to probate the custody dispute, which is outside their function. So, their failure to do so isn’t actionable. And indeed she DID receive proper instruction from “the government” which presumably would have worked.

[KatyLoraleyVidales]

I shudder to think...and agree.

I am an American citizen, but was born in Mexico...I was adopted by my parents (both American citizens) and brought to the US. My birth-mother had 8-1O children by different men, she was also a barmaid (aka prostitute) and my birth-father was a druggie...I thank God every day that I was brought here and value my citizenship very much...so I have empathy for these people, but that’s what happens when you take extra-legal matters into your own hands...sorry. no cashmoney for Castro! My advice to her...start dating American citizens and avoid the whole debochle.

[arthurus]

In this sort of case I don’t see where it is a requirement that a citizen be forced to stay in the United States. That gets you the argument that a “legal” American born child’s parents cannot be deported because the child must stay and must not be taken from his parents.

[arthurus]

I think that illegal alien mothers-to-be should be allowed charitable acces to American hospitals but then they should be sequestered and allowed to take their children with them when they are deported or leave them in the US to be anonymously adopted out. Anchors are fine but not anchor-chains.