No. 18-1350

Maria S., as Next Friend for E. H. F. and S. H. F., Minors, and A. S. G. v. Ramiro Garza

Lower Court: Fifth Circuit
Docketed: 2019-04-29
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: bivens border-protection civil-procedure civil-rights due-process federal-tort immigration qualified-immunity retaliation standing wrongful-death
Key Terms:
DueProcess Immigration Privacy
Latest Conference: 2019-10-01 (distributed 3 times)
Question Presented (AI Summary)

Whether a U.S. Customs and Border Protection agent is entitled to qualified immunity for allegedly coercing a mother into departing the U.S., where she was soon thereafter killed

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Court of Appeals for the Fifth Circuit improperly weigh evidence and fail to draw factual inferences in favor of the nonmoving party when it determined that a U.S. Customs and Border Protection agent was entitled to qualified immunity in a suit brought by surviving minor children who allege that the agent intentionally coerced their mother into departing the United States for Mexico, where she was soon thereafter killed by a vio‘lent former partner? 2. Did the Court of Appeals for the Fifth Circuit err when it declined to extend an implied right of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) | (“Bivens”) to children who alleged that their | mother was coerced into relinquishing her right to apply for protection against removal under the | Immigration and Nationality Act (“INA”)?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-07-29
Brief of respondent Ramiro Garza in opposition filed.
2019-06-19
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2019.
2019-06-18
Motion to extend the time to file a response from June 27, 2019 to July 29, 2019, submitted to The Clerk.
2019-05-28
Response Requested. (Due June 27, 2019)
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
Waiver of right of respondent Garza, Ramiro to respond filed.
2019-04-29
Motion (18M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2019-04-10
MOTION (18M141) DISTRIBUTED for Conference of 4/26/2019.
2019-04-04
Motion (18M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2019-04-04
Petition for a writ of certiorari filed. (Response due May 29, 2019)

Attorneys

Garza, Ramiro
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Maria S.
Efren C. OlivaresTexas Civil Rights Project, Petitioner
Efren C. OlivaresTexas Civil Rights Project, Petitioner