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Family Fight, Border Patrol Raid, Baby Deported

Publication Date: 
September 20, 2010
Source: 
The New York Times
Author: 
Adam Liptak

A petition for certiorari filed by the Supreme Court Litigation Clinic is mentioned in this article on the case of Castro v. United States. The petition raises questions involving the Federal Tort Claims Act's application to torts committed by law enforcement agents that also exceed their statutory or constitutional authority. Adam Liptak of the New York Times reports:

A few days before her daughter Rosa’s first birthday, Monica Castro and the girl’s father had a violent argument in the trailer they all shared near Lubbock, Tex. Ms. Castro fled, leaving her daughter behind.

Ms. Castro, a fourth-generation American citizen, went to the local Border Patrol station. She said she would give the agents there information about the girl’s father, a Mexican in the country illegally, in exchange for help recovering her daughter.

Ms. Castro lived up to her side of the deal. But the federal government ended up deporting little Rosa, an American citizen, along with her father, Omar Gallardo. Ms. Castro would not see her daughter again for three years.