Fifth Circuit to Rehear Infant Deportation Case

     (CN) – The judges of the 5th Circuit agreed to rehear a panel decision that allowed a Texas woman to sue the Border Patrol for deporting her daughter, a U.S. citizen.

     Monica Castro was 17 when she had a baby girl, R.M.G., with Omar Gallardo, a Mexican citizen who was in the United States illegally.
     After the couple had an argument, Castro told authorities that Gallardo was an illegal immigrant. The Border Patrol rounded him up with his family, including R.M.G., and deported him to Mexico.
     Castro’s lawyer couldn’t get temporary custody in time to stop the baby from being deported.
     Castro, on behalf of herself and her daughter, sued the Border Patrol for negligence, false imprisonment and infliction of emotional distress.
     The district court dismissed her Federal Tort Claims Act complaint, and a three-judge panel of the 5th Circuit reversed.
     “We hold that Castro’s complaint does sufficiently allege that the Border Patrol agents’ actions exceeded the scope of their authority,” the panel wrote in its late February ruling.
     A majority of circuit judges recently decided to rehear the case en banc.

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