Posted on 06/05/2008 9:58:19 AM PDT by KatyLoraleyVidales
5th U.S. Circuit Court of Appeals in New Orleans is hearing a a suit brought forth byAttorney Susan Watson of Texas Rio Grande Legal Aid on behalf of Monica Castro who lost her daughter in a custody dispute 5 years ago.
Ms. Castro had been living with her daughter Rose, and common law husband Omar Gallardo. Gallardo was in the US illegally, while his wife and daughter were both American citizens. The dispute arose when Gallardo was arrested, detained, and later deported by Border Patrol Agents. He stated that he was the father of then 11 month old Rose and he wanted to take her with him to Mexico.
It all started when Castro, attempting to flee an abusive relationship with Gallardo, attempted to leave with her daughter. Gallardo would not hand over Rose. No charges were ever filed or brought forth on Gallardo for abuse, neglect or endagerment of a child. Castro then contacted the Family and Protective Services (FPS) who informed her that she needed to submit a custody form which would take approxamtly two weeks to process.
Castro then took it upon herself to contact Border Patrol Agent Manuel Sanchez and inform him of Gallardo being in the country illegal. Agent Sanchez checked into Gallardo's record and had him arrested. Castro assumed this is the only she could get her little girl back. When Gallardo was arrested Castro was not at the scene, with no relative to look after Rose, Agents allowed Gallardo to take his daughter with them to the station. When Castro became aware of the situation she went to the Border Patrol office to collect her daughter...without the custody order she was advised to get by FPS, she was denied custody of the child and Rose was sent back with Gallardo to Mexico...
(Excerpt) Read more at rightupfront.org ...
.....reads like a COPS episode.
Despite current US “law”, a US-born child of an illegal, IS an illegal alien. It is as simple as a positive times a negative number yielding a negative, not a positive, number.
Both mother and child were legal residents of the US—citizens in fact.
It is the govt that screwed up by handing the child over to the illegal “dad”.
Rose is a legal citizen. Amazing so many children when both are illegal stay while this pile of crap doo doo took his daughter with him back to Mexico.
One of those situations that may well be deplorable in its result, but nobody in officialdom did anything wrong. The mother really didn’t follow the correct procedures, to her detriment, and has no cause of action. Case will be thrown out.
Huh? A child born of a U.S. citizen is a U.S. citizen, regardless of parentage.
And I bet dime to donuts daddy dearest is here again working as an illegal and fathering hundreds.
“Both mother and child were legal residents of the US—citizens in fact.
It is the govt that screwed up by handing the child over to the illegal “dad”.”
Exactly. Oregon children services has been under fire recently. They have a habit of sending these anchor babies to Mexico when the parent can’t take care of them. It doesn’t matter if there are relatives here fighting for custody, they give Mexico the first shot and THEN send $$$ to Mexico for the care of the child!
Ah so... wishing really does make it so!
I heard a quote today about illegals children. “They should love the US. Without the US they never would have been born” since the parents have them to be use as anchor babies.
Ha. Sorry...what can I say I am the product of a retired Department of Public Saftey Sgt who spent his off-time watching COPS...it’s genetic! :)
That was my arguement...had the mother followed the advice of the government entities it is my belief that she would have had her parental rights re-instated, but because she decided to take matters into her own hands she risked losing the child...her fault.
One of the compromises I’ve seen put forth with birthright citizenship is having it have to have one parent be legal.
Then we’d have scams with men getting money to claim fatherhood on birth certificates if they are legal.
Kind of like if abortion was allowed if there was rape and illegal otherwise. False rape accusations would abound!
Ah so... wishing really does make it so!
(Sorry, screwed up the quote.)
ping
Sleep with an illegal immigrant (crimalien)...and bad things happen.
Who could have seen that coming?
(/sarc)
A friend is caught in a crossfire. Her brother fathered a child with an illegal and died. The illegal faces deportation and she’s trying to get custody of the child to keep her in the US but the mother wants to stay here with the child.
There’s other reasons to try and get custody from the mother. She does drugs and has 3 prostitution arrests.
“Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”
Senator Jacob Howard,
co-author of the citizenship clause of the 14th Amendment, 1866.
http://towncriernews.blogspot.com/search?q=jacob
While I will vote for McCain and hold my nose because I don’t want to live in Obama’s Marxist utopia, I almost wish the case about him not being born on US Soil preventing him from being President went through.
Can you imagine the outrage if people realized a war hero who was born outside the US (but on a base) because his father was serving the United States was denied the Presidency but if he was the child of an illegal he could be President?
I wish we had only 4 digits on each hand since both 4 and 8 are a power of two. Base 4, 8, or 16 math makes for more natural numbers. For example in making measurements it's much easier to meet in the middle than it is to meet some fraction in base 10. I hate the metric system! The inch is far superior to the centimeter.
“That was my argument...had the mother followed the advice of the government entities it is my belief that she would have had her parental rights re-instated, but because she decided to take matters into her own hands she risked losing the child...her fault.”
Precisely agree. The mother essentially called on Immigration to probate the custody dispute, which is outside their function. So, their failure to do so isn’t actionable. And indeed she DID receive proper instruction from “the government” which presumably would have worked.
I shudder to think...and agree.
I am an American citizen, but was born in Mexico...I was adopted by my parents (both American citizens) and brought to the US. My birth-mother had 8-1O children by different men, she was also a barmaid (aka prostitute) and my birth-father was a druggie...I thank God every day that I was brought here and value my citizenship very much...so I have empathy for these people, but that’s what happens when you take extra-legal matters into your own hands...sorry. no cashmoney for Castro! My advice to her...start dating American citizens and avoid the whole debochle.
In this sort of case I don’t see where it is a requirement that a citizen be forced to stay in the United States. That gets you the argument that a “legal” American born child’s parents cannot be deported because the child must stay and must not be taken from his parents.
I think that illegal alien mothers-to-be should be allowed charitable acces to American hospitals but then they should be sequestered and allowed to take their children with them when they are deported or leave them in the US to be anonymously adopted out. Anchors are fine but not anchor-chains.
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