Jorge Antonio Guerra Quezada v. United States of America, et al.

Dallas, Texas, immigration law lawyers represented the Plaintiff on a government tort claims act and immigration theories.

Reported by: Kent Morlan

Cruz Rodriguez de Guerra was born in
Kansas in 1924, making her an American citizen. See Trump v. Barbara, 146
S. Ct. 2438, 2453 (2026). An affidavit attached to the complaint makes no
representations concerning how long she lived in the United States, but it
does assert she attempted to re-enter the United States in 1940 after being in
Mexico. She was denied entry because the officers at the border told her she
could not enter because she had “abandoned her residence.” In 1981, the
Immigration and Naturalization Service issued her a completed Form I-197,
better known as a “U.S. Citizen Identification Card,” stating she “claimed
under oath to be a citizen of the U.S. through birth in U.S.”

Cruz Rodriguez de Guerra’s husband and the father of her children,
Benigno Guerra, was born in Mexico. In 1944, she gave birth to a son,
Antonio Guerra-Rodriguez, in Mexico. That son was the father of Appellant
Guerra-Vasquez, who was born in Mexico in 1962, and the grandfather of
Appellant Jorge Antonio Guerra-Quezada, who was born in Mexico in 1993.
Both of Guerra-Quezada’s parents were born in Mexico. Appellant Guerra-
Quezada is Appellant Guerra-Vasquez’s nephew.
In December 2021, United States Citizen and Immigration Services
(USCIS) issued a certificate of citizenship to Guerra-Quezada — according
to the Government, erroneously — after he filed an N-600 application for
such a certificate. The Government has commenced proceedings to cancel
Guerra-Quezada’s certificate, and those proceedings, to our knowledge,
remain pending.
Both Guerra-Vasquez and Guerra-Quezada have been ordered to
leave the country in the past. Guerra-Vasquez was a lawful permanent
resident at one point but was issued a voluntary departure order in 2007; he
re-entered the country illegally the next year, where he was detained and pled
guilty to improper entry by an alien under 8 U.S.C. § 1325. He re-entered
again but had remained undetected in Arlington, Texas. Guerra-Quezada
was a long-time lawful permanent resident before he pled guilty to felony
online solicitation of a minor. The Government subsequently removed him
pursuant to 8 U.S.C. § 1227(a)(2)(E)(i). He later re-entered the country after
being inspected.

The Plaintiff's claims were dismissed by the Court.

Affirmed on appeal.