University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Murillo v. Musegades IM-TX-0006
Docket / Court EP-92-CA-319-B ( W.D. Tex. )
State/Territory Texas
Case Type(s) Immigration
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 ... read more >
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.

Dan Dalton - 10/30/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Immigration
Border police
Constitutional rights
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. ยงยง 1101 et seq.
Bivens
Defendant(s) Immigration and Naturalization Service
United States Border Patrol
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.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1992 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
click to show/hide detail
Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Amended Preliminary Injunction 12/01/1992 (809 F.Supp. 487) (W.D. Tex.)
IM-TX-0006-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Bunton, Lucius Desha III (W.D. Tex.)
IM-TX-0006-0001 | IM-TX-0006-0001
Monitors/Masters None on record
Plaintiff's Lawyers Armendariz, Albert Jr (Texas)
IM-TX-0006-0001
Greenblum, Robert F. (Texas)
IM-TX-0006-0001
Hines, Barbara (Texas)
IM-TX-0006-0001
Teran, Lee J. (Texas)
IM-TX-0006-0001
Defendant's Lawyers Gaines, Nancy (District of Columbia)
IM-TX-0006-0001
Hausman, Allen W. (District of Columbia)
IM-TX-0006-0001
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -