Posted on 01/11/2011 12:33:01 PM PST by Starman417
Monica Castro had a violent argument with her husband, an illegal alien, a few days before their daughter Rosa's first birthday. The family lived in a mobile home near Lubbock, TX. Monica left her daughter and the home to report the illegal status of her husband, Omar Gallardo, to the local Border Patrol office. She claims to have offered the information concerning the legal status of her husband in exchange for custody of her daughter.
Besides being an illegal, Gallardo was wanted for questioning as a witness to a murder.
On the morning of December 3, 2003, Federal Agents raided the mobile home and seized Gallardo. Gallardo refused to surrender his daughter: the Border Patrol told Ms Castro she had until that afternoon to get a court order to get custody of her daughter.
A lawyer made an appearance in court to plead for more time.
Unfortunately, there was no court order when the government van showed up at 3 p.m., government agents then drove Gallardo and his daughter to the border.
Monica, sued the federal government, asserting that the Border Patrol had no authority to detain or deport her daughter Rosa. he also maintained that the Border Patrol had made themselves family-court judges by making de-facto custody decisions.
The US Court of Appeals for the Fifth Circuit, New Orleans, has rejected Ms Castro's arguments, over the dissent of three judges.
The decision, in summary, stated that the appeals court did not:
“condone the Border Patrol’s actions or the choices it made.”
However, the court reasoned:
(Excerpt) Read more at floppingaces.net...
She was stuid to have an affair with an illegal alien!
One down - millions to go.
So she was legal and her kid was legal but the father, a scum bag, was not?
WTH was the Border Patrol thinking! Detain him, put the girl in the states hands until a family court could settle it..
Illegal alien BARF ALERT PING
I say we should deport the mom also, just for having those stupid and ugly penciled-in eyebrows. Her presence makes America just a tiny bit uglier.
Dude you miss the point of what I said. Yes the mother was legal, yes the child was born here so the child is legal. What I said was the Mom should have known better than to get pregnant by an Illegal! well duh! He is illegal so therefor this may mean trouble down the road? Don’t these women think? This is what women’s lib fought for? Stupid women?
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