Case Against Border Patrol Agents in Infant Deportation Case Moves Forward

February 26, 2009 – 8:50 am

The Fifth US Circuit Court of Appeals in New Orleans has ruled that Monica Castro of Corpus Christi should be given one more chance to show that border patrol agents violated her daughter’s constitutional rights, when they allowed the infant’s father to keep her while he was being deported out of US. The dissenting judge disagreed that border agents exceeded their authority and violated infant Rosa’s constitutional rights. The US attorney’s office in Houston defended the border patrol agents in court and said that they are still reviewing the decision. They declined to specify whether they will seek a rehearing at the fifth circuit or argue the case again in the district court in Corpus Christi. The case is unprecedented as this is the first time that a US citizen child has been deported in a parental custody dispute.

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Court Allows Case against Border Agents to move Forward

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