# Laura Castro v. Michael Freeman

> Court of Appeals for the Fifth Circuit · January 31, 2014 · 742 F.3d 595

URL: https://www.frixlaw.com/law-library/cases/9798707

## Case

- **Full name:** Laura Nancy CASTRO; Yuliana Trinidad Castro, Individually and as Next Friend of C.A.G.; Jessica Garcia; Rodrigo Sampayo; Ana Alanis, Plaintiffs-Appellants, Trinidad Muraira De Castro, Appellant, v. Eliseo CABRERA, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** January 31, 2014
- **Citations:** 742 F.3d 595
- **Precedential status:** Published
- **Opinion:** Concurrence by Stewart
- **Judges:** Stewart, Jolly, Smith
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9798707

## How later opinions describe it (automated extraction)

- holding that the "entry fiction" applies to preclude illegal aliens' Fourth Amendment detention claims
- noting that Johnson “reject[ed] extraterritorial application of the Fifth Amendment”

## Opinion text

STEWART, Chief Judge,
concurring in the judgment.
I concur in the judgment only. The majority opinion addresses: (1) whether the Fourth Amendment applies to these detainees because they are not U.S. citizens; and (2) whether Cabrera enjoys qualified immunity if some of the detainees are U.S. citizens. This case raises important issues regarding the constitutional rights of detainees at the border. However, the record and the briefing in this case *603 is less than clear on the issue of the detainees’ citizenship and how this affects the Fourth Amendment analysis. I agree with the majority, as discussed in Part IV of the opinion, that Cabrera is entitled to qualified immunity. Because of the lack of clarity and sharpness in the development of the constitutional issue by the parties, I would affirm the district court’s dismissal solely on the basis of Cabrera’s qualified immunity.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9798707. Public record. Not legal advice.