DID THE WOMAN’S DEPORTATION DEPRIVE HER CHILDREN OF EDUCATIONAL OPPORTUNITY?
Case citation: Chavez v. Holder, 2013 WL 632249 (5th Cir. 2013) (unpublished).
Summary: Alejandra Franco Berriozabal de Chavez (Chavez) was a citizen of Mexico and received an order of removal from an immigration judge in the United States. The order was upheld by the U.S. Board of Immigration. Chavez appealed the Board’s decision to the 5th Circuit Court of Appeals, arguing among other things that her removal would place a significant educational hardship on her United States citizen children because they would be forced to go to Mexico with her. She argued that the resulting removal of her children would deprive them of their constitutional right to an education in the United States without due process of law.
Ruling: The Fifth Circuit denied Chavez’s appeal. The Fifth Circuit observed that a “United States citizen child’s constitutional rights are not implicated by the deportation of a parent, even where a de facto deportation of the child would surely occur.” Chavez failed to demonstrate that her deportation would result in a denial of her children’s constitutional rights. Having failed to raise a constitutional violation, the appeals court dismissed the appeal.