· Missoulian · By Eve Byron · From the Border Crossing Law Firm media archive.
The Helena Independent Record reports on Estafania Menendez, who mistakenly drove from Montana to the Canadian border while returning to California and was detained when she turned around. Shahid filed a federal habeas action arguing that the flagpole turn did not constitute a true departure and seeking a regular immigration-court process rather than expedited removal.
The federal court's jurisdiction was narrow, and the judge limited the hearing to whether Menendez fit the statutory requirements for expedited removal. The case nevertheless raised a basic due-process concern that would recur in the firm's litigation: whether border authorities were using summary powers in circumstances Congress did not intend.