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CASTRO v. U.S.

No. 07-40416.

608 F.3d 266 (2010)

Monica CASTRO, For Herself and as Next Friend of R.M.G., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 2, 2010.

Attorney(s) appearing for the Case

Susan Leigh Watson, Texas RioGrande Legal Aid, Nashville, TN, Javier N. Maldonado (argued), Law Office of Javier N. Maldonado, PC, San Antonio, TX, Jerome William Wesevich, Texas RioGrande Legal Aid, El PAso, TX, for Castro.

Eric Fleisig-Greene (argued), Mark Bernard Stern, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, John Albert Smith, III, Asst. U.S. Atty. Corpus Christi, TX, for U.S.

Nina Perales, Regional Counsel, Luis Roberto Vera, Jr., Mexican American Legal Defense & Educational Fund, San Antonio, TX, for Amici Curiae.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

PER CURIAM:

I.

Monica Castro, for herself and as next friend of R.M.G., her minor child (jointly "Castro"), sued the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq., alleging, inter alia, that the government's negligence caused the wrongful deportation of R.M.G., a U.S. citizen. The government moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b...

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