Case: Murillo v. Musegades

3:92-00319 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 19, 1992

Clearinghouse coding complete

Case Summary

In 1992, attorneys for the Lawyer's Committee for Civil Rights, Immigrant & Refugee Rights Project in Texas filed a class action lawsuit in the U.S. District Court in the Western District of Texas to enjoin the practice of U.S. Border Patrol agents stopping, detaining, and questioning Hispanic individuals within the Bowie High School District, El Paso, Texas. Plaintiffs maintained that the conduct of the Border Patrol agents was unlawful and in violation of the Fourth and Fifth Amendments. Pla…

In 1992, attorneys for the Lawyer's Committee for Civil Rights, Immigrant & Refugee Rights Project in Texas filed a class action lawsuit in the U.S. District Court in the Western District of Texas to enjoin the practice of U.S. Border Patrol agents stopping, detaining, and questioning Hispanic individuals within the Bowie High School District, El Paso, Texas. Plaintiffs maintained that the conduct of the Border Patrol agents was unlawful and in violation of the Fourth and Fifth Amendments. Plaintiffs requested a temporary restraining order, a preliminary injunction, and class certification.

Following presentation of evidence, briefing by the parties, and argument, the District Court (Senior Judge Burton) issued findings of fact and conclusions of law. Judge Burton certified the case as a class action, consisting of "all U.S. citizens or legal permanent residents of Hispanic descent, including students, graduates, and staff of Bowie High School, who reside, are employed, attend school, and travel within the Bowie High School District, El Paso, Texas." He further determined that plaintiffs had presented sufficient evidence to warrant injunctive relief. The Court issued a preliminary injunction, which was amended on December 4, 1992. It enjoined agents of the El Paso United States Border Patrol Sector from "(1) stopping, detaining, and questioning an individual as to his or her right to be or to remain in the United States (2) unless the El Paso Border Patrol Agent has a reasonable suspicion, based on specific articulable facts involving more than the mere appearance of the individual being of Hispanic descent, (3) that the individual is either illegally in the United States or is guilty of committing an offense against the Immigration Laws of the United States for which the INS has jurisdiction." Murillo v. Musegades, 809 F.Supp. 487(W.D.Tex. 1992).

We have no further information on the case.

Summary Authors

Dan Dalton (10/30/2007)

People


Judge(s)

Bunton, Lucius Desha III (Texas)

Attorneys(s) for Plaintiff

Armendariz, Albert Jr (Texas)

Greenblum, Robert F. (Texas)

Hines, Barbara (Texas)

Teran, Lee J. (Texas)

Attorneys(s) for Defendant

Gaines, Nancy (District of Columbia)

Hausman, Allen W. (District of Columbia)

Judge(s)

Bunton, Lucius Desha III (Texas)

Attorneys(s) for Plaintiff

Armendariz, Albert Jr (Texas)

Greenblum, Robert F. (Texas)

Hines, Barbara (Texas)

Teran, Lee J. (Texas)

Attorneys(s) for Defendant

Gaines, Nancy (District of Columbia)

Hausman, Allen W. (District of Columbia)

Documents in the Clearinghouse

Document

Amended Preliminary Injunction

809 F.Supp. 487

Dec. 1, 1992 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 19, 1992

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All U.S. citizens or legal permanent residents of Hispanic descent, including students, graduates, and staff of Bowie High School, who reside, are employed, attend school, and travel within the Bowie High School District, El Paso, Texas.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Border Patrol, Federal

Immigration and Naturalization Service , Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1992 - None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Border police

Constitutional rights

Detention - criteria

Detention - procedures