(CN) – A Guatemalan woman in Colorado should not have been required to post a $20,000 bond to sue a couple for assault and false imprisonment, the state Court of Appeals ruled.
The trial court dismissed Paola Munoz-Hoyos’ case against Martha Munoz de Cortez and Daniel Rave-Munoz, agreeing with the couple’s point that non-residents must post a bond, and that Munoz-Hoyos could not possibly be a Colorado resident.
However, on appeal, Judge Davidson agreed with Munoz-Hoyos’ assertion that she could be resident of Colorado without being a citizen of the United States.
“A person’s immigration status under federal law does not in itself preclude a finding of residency or domicile under state law,” the judge wrote. “Indeed, that plaintiff may someday be required to return to Guatemala, her native country, does not mean that she either does not or cannot, have the present intent to remain here in Colorado.”