Border Patrol Deported U.S.-Born Daughter of Fourth-Generation U.S. Citizen

[The Straight Story]

Border Patrol Deported U.S.-Born Daughter of Fourth-Generation U.S. Citizen

Monica Castro thought she had a deal. In exchange for telling the Customs and Border Protection (CBP) service about the whereabouts of her daughter’s father, Omar Gallardo, an illegal immigrant whose violent behavior caused Castro to flee her home in December 2003, federal agents were supposed to help the woman recover one-year-old Rosa.

Instead, agents arrested the father and daughter and deported both of them—less than 12 hours later—even though Rosa was an American citizen by birth. They claimed that because Gallardo was the father, he had equal custody and the right to take the child with him to Mexico. In the few hours available to her, Castro found a lawyer who tried to obtain a custody order, but there was not enough time because only one bus a day takes undocumented immigrants from Lubbock, Texas, to Mexico and the Border Patrol wanted to make sure Gallardo was on it. Castro then spent three years trying to get her daughter brought back to the U.S.

The fourth-generation American sued the CBP for its mistake, but lost her case, twice. The second time, the U.S. Court of Appeals for the Fifth Circuit rejected Castro’s arguments, while stating in the majority opinion that the justices did not “condone the Border Patrol’s actions or the choices it made.”

http://www.allgov.com/Controversies/ViewNews/Border_Patrol_Deported_US_Born_Daughter_of_Fourth_Generation_US_Citizen_100922

[DiverDave]

1. 3 YEARS??

I would have went down and got my kid...then just disappear.

I can see why she wanted to take the "lawful" route, but now it's time to just go get her.

[d_r]

2. and this relates to Elian Gonzolez how?

Because her last name is Castro? I'm so confused. Is that why everyone has beem protesting against sending the child to live with the father in the spanish-speaking home country? Is that why such a big deal has been made about this that they are talking about it every time I turn on the tv?

[Recursion]

5. Train wreck between immigration law and custody law

In both cases.

[d_r]

6. nicely played.

[TreasonousBastard]

3. The NY Times ran this story yesterday, and...

the CBP said it would have cost a "small fortune" to wait till the next day for the proper paperwork, so they just took off with the kid.

Turns out the "small fortune" was around $200. The judge was pissed when he heard that.

[indepat]

4. Is this the America we love as the land of the free and home of the brave or more-like some

third-world country with tin-horn dictator: a mockery of the most basic of constitutional protections imv. :grr:

[bobbolink]

7. How is this different from the DUer who wanted the woman who told Obama she was exhausted

to be deported?????

I see no difference.

[lostnfound]

8. Age 1 to Age 4!! Those are the angel years.. poor woman. nt