Thread: Judges extend rights to noncitizens

Aug. 9, 2006, 9:38AM
Judges extend rights to noncitizens

They cannot be subjected to excessive force or falsely imprisoned

By HARVEY RICE
Copyright 2006 Houston Chronicle

The 5th U.S. Circuit Court of Appeals has ruled in an El Paso case that noncitizens have a constitutional right to be free from false imprisonment and the use of excessive force by law enforcement personnel.

The ruling by a three-judge panel extends Fourth Amendment rights to noncitizens throughout the 5th Circuit, which includes Texas, Louisiana and Mississippi, said Suyash Agrawal, attorney with the Susman Godfrey law firm.

"Because this is the first court of appeals in the United States to deal with this issue, this is likely to be a persuasive authority," Agrawal said.

Although it has long been understood that noncitizens have constitutional rights, it is equally understood that they do not have all the rights afforded U.S. citizens, said Charles "Rocky"Rhodes, professor of constitutional law at South Texas College of Law.

"It is rare when a court decision will have a meaningful effect on the conduct of law enforcement officers," said Lynn Coyle, another attorney for Maria Antonieta Martinez Aguero. "This one of those decisions."

Martinez Aguero, 49, of Ciudad Juarez, Mexico, filed the lawsuit claiming that she was abused verbally and physically during a false arrest by a Border Patrol agent on Oct. 4, 2001, in El Paso.

She accuses Border Patrol officer Humberto Gonzalez of throwing her border crossing card in her face, kneeing her in the back, arresting her, handcuffing her to a chair and interrogating her for hours.

Attorneys for Gonzalez argued that he could not be sued by a noncitizen for events occurring during the performance of his official duties.

El Paso U.S. District Judge Kathleen Cardone denied Gonzalez's request to throw the case out and he appealed to the 5th Circuit.

The case was returned to the lower court where it will continue.

harvey.rice@chron.com

http://www.chron.com/disp/story.mpl/nation/4103860.html

El Paso U.S. District Judge Kathleen Cardone denied Gonzalez's request to throw the case out and he appealed to the 5th Circuit.


this is the same biotch in the Ramos and compean case. as well as Noe Aleman.

Pretty soon, no one will be willing to work for BP or join the military.

I am just so sick of non-citizens rights!!!!


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Jamesw62 you are right this is the very same judge who presided over the Ramos and Compean case.
Do we seem to see a pattern here?
Looks like this woman has an agenda...Favoring Illegals...must be in the pockets of Big Business ..and El Presidente Boosh and his cronies!