Thread: TX-BABY OF ILLEGAL DEPORTED MOTHER HARBORING ILLEGAL SUES BP

WAS Ms Castro charged with Harboring an ILLEGAL?

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

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September 22, 2010
Baby deportation case appealed to Supreme Court

George Gongora/Corpus Christi Caller-Times
Monica Castro with her daughter, Rosa, who was deported in 2003.


The NYT has an interesting piece out of Texas on a little American girl deported with her father, who was in the country illegally. The little girl was separated from her mother for three years.

Here's an excerpt of the story:

A few days before her daughter Rosa's first birthday, Monica Castro and the girl's father had a violent argument in the trailer they all shared near Lubbock, Tex. Ms. Castro fled, leaving her daughter behind.

Ms. Castro, a fourth-generation American citizen, went to the local Border Patrol station. She said she would give the agents there information about the girl's father, a Mexican in the country illegally, in exchange for help recovering her daughter.

Ms. Castro lived up to her side of the deal. But the federal government ended up deporting little Rosa, an American citizen, along with her father, Omar Gallardo. Ms. Castro would not see her daughter again for three years...

Ms. Castro later sued the government, saying the agents had no legal authority to detain, much less deport, her daughter. Nor should Border Patrol agents, she said, take the place of family-court judges in making custody decisions.

The last court to rule in the case, the full United States Court of Appeals for the Fifth Circuit, in New Orleans, rejected Ms. Castro's arguments, over the dissents of three judges.

The brief unsigned majority decision, echoing that of the trial judge, said the appeals court did not "condone the Border Patrol's actions or the choices it made." But, the decision went on, Ms. Castro could not sue the government because the agents had been entitled to use their discretion in the matter.

Ms. Castro's lawyers last month asked the United States Supreme Court to hear the case.


The little girl is back home in Texas and is doing well in second grade. But the case raises questions about whether the Border Patrol needs to review the process for handling of such cases. Here is the agency's explanation of the girl's deportation from the NYT story:

Holding Mr. Gallardo and the girl overnight, long enough for an American court to sort things out, would have involved "a tremendous amount of money," Gregory L. Kurupas, the agent in charge of the Lubbock and Amarillo stations at the time, testified in a 2006 deposition.

Asked to quantify the daunting sum, Agent Kurupas replied, "Well over $200 plus."

Posted by Susan Carroll at September 22, 2010 12:51 PM
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http://blogs.chron.com/immigration/arch ... gration%29

I guess the question would be in Texas; if a bull enters another rancher’s pasture and impregnates the neighbor’s heifer with the full knowledge and aid of the neighbor to whom does the calf belong? Should the neighbor be charged a stud fee for utilizing another rancher’s bull to impregnate his heifer and if not, does the bull own the calf?

The child was with her legal guardian. Nothing else needs to be said.

Castro shouldn't of had a child with a foreign national and after the fact is too late to be concerned about him leaving the country with the child. Government can't take the kid from him. Monica Castro should have hired an attorney to settle her child custody issues.

The sorry man was hiding behind the anchor baby.

Dixie

This story is just one of the example of the many problems that manifast when laws are broken.

This woman lived with an illegal alien but did not report him until it was to her advantage.

I am very sorry a child was sepreated from his/her mother but again.........laws were being broken!!! When people do not take responsibility for their action and blame others there will aways be problems!!