8 results for 'cat:"Constitution" AND cat:"Immigration" AND cat:"Trespass"'.
J. Rambin reverses a trial court order denying a male noncitizen’s request to dismiss a criminal misdemeanor charge against him, pursuant to the governor’s order to jail migrants for illegally crossing the Texas-Mexico border. Citing similar evidence in precedent cases, the non-citizen met his burden of showing the governor’s order has the discriminatory effect and purpose of selective prosecution based on gender discrimination. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 16, 2024, Case #: 06-24-40-CR, Categories: constitution, immigration, trespass
J. Stevens reverses and remands a trial court's order denying a non-citizen's claim of selective prosecution under the Texas Equal Rights Amendment. The defendant was arrested for criminal trespass on a railroad, a misdemeanor, pursuant to Governor Greg Abbott’s disaster proclamation in 34 counties to prevent the “ongoing surge” of illegal migrants from Mexico. The court of appeals is constrained to rule under another district's precedent, which found the state failed to show its prosecution of male, but not female, immigrants served a governmental interest in border protection. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-24-39-CR, Categories: constitution, immigration, trespass
J. Soto finds a lower court erred in denying a migrant's pretrial writ of habeas corpus after he was arrested for trespassing as part of Texas' push to deter undocumented migration on the southern border. An appeals court has already ruled the practice is likely unconstitutional since the state is targeting men. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 20, 2023, Case #: 08-23-00285-CR, Categories: constitution, immigration, trespass
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00204-CR, Categories: constitution, immigration, trespass
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00201-CR, Categories: constitution, immigration, trespass
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J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00203-CR, Categories: constitution, immigration, trespass
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00200-CR, Categories: constitution, immigration, trespass
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00202-CR, Categories: constitution, immigration, trespass