The couple sued the justice of the peace, her father Pct. 2 commissioner Ernie Hernandez and her brother Ernie III in federal court but later filed a motion to non-suit after getting declaratory judgement from a district court judge declaring them legally married.
The couple feared that immigration officials would reject their application for residency for the groom if they found that they were married on the same day that they received their license from the Cameron County Clerk without observing the mandatory 72 hours before the Garcia-Hernandez performed the ceremony by issuing a waiver.
Currently, Cameron County District Attorney Luis Saenz is waiting for an opinion from the Texas Attorney General's Office to determine whether a justice of the peace is authorized to issue a waiver to the waiting period under the Texas Family Code.
Garcia-Hernandez has claimed in the past that she did not charge for that particular waiver, but has done so (between $25 to $40) "a comfortable" 10 times or so. The DA's office forwarded at least 13 such cases to the TAGO with their request for an opinion.
Depending on the AGO's opinion, legal action against the justice of the peace could follow since her office drafted a waiver form allowing her to perform the lucrative marriage ceremony (between $150 and $250 a shot). So far, the investigation has found that no other justices of the peace have such a form in their offices.
Sources in the Brownsville PD indicate that an investigator has spoken to the couple and to a mutual friend of Mary Esther Garcia, Sorola's paralegal in the course of the probe fueled by the complaint.
A clerk in Sorola's law firm said the couple have been in Las Vegas the past week and were unavailable for comment. However, they said that the attorney of record, is Corpus Christi attorney William J. Tinning, with Sorola acting as local co-counsel.
The couple who was married by Hernandez-Garcia said they signed a contract to have Tinning represent them in the federal lawsuit after they found out the waiver might have been illegal and feared that it may have jeopardized the groom's application for residency.
Since they filed the suit and withdrew it, the couple have acquired a declaratory judgement from a district court establishing their marriage and paid the court $275 for the filing. The filing of the federal lawsuit cost an additional $400.
"Why should they have to pay all that money because the justice of the peace issued an illegal waiver," asked a friend. "Is Erin going to give back the $150 she said they paid her to get them married? Now they are trying to discredit Sorola trying to say that he sought them out file the lawsuit against Erin and her father an brother. A mi se me hace que son patadas de ahogado. She's just trying to divert attention from her illegal acts."
9 comments:
HEY MONTOYA!! ERNIE AND ERIN IMMEDIATELY CALLED HIS DOG (BOBBY), HEY, THEY PAID FOR HIM!. ANYWAY, HE JUST DID WHAT THEY ARE PAYING HIM FOR, HE REPLIED TO YOUR POST. SAD BOBBO, VERY SAD, HOW MUCH ARE THEY PAYING HIM?? SOMEBODY KNOWS?? IS BOBBO CHEAP OR EXPENSIVE? SOMEBODY TELL US!!
Que fea vieja, tiene cara de alagarto.
Erin is totally clueless about the law or the law proffesion, she went to the worst law school and she has never practiced, and i wonder if she even pass the bar exam, if she did, how did she pass it, did she get somebody else to take the exam for her? with her characteristic petulant ignorance, all her platform consisted about us deserving her legal experience, but in reality her whole purpose all along was to tap into the gold mine of performing marriges, she keeps digging her own hole, no other non attorney JP has ever made such a big blunder as she has, and then claim she didn't know she could not issue weivers, any attorney knows that ignoring the law does not justify the crime.
I'd like to know which district court pronounced them legally married? Would seem that judge might be pacifying the plaintiffs while doing the Hernandezes a huge favor to relieve some pressure. Would also seem a bit hasty considering the waiver was illegal and should negate any action that immediately followed. It's unfortunate for the couple but the injured party has recourse which should not include a judge declaring legal what could not have taken place under the law. Just another example of the 'friends-taking-care-of-friends' politics we have come to expect in this county.
Take a breath, Juan. Remember, there can be more than one bad guy.
Erin "Fugly Piglet" Garcia, snake family Hernandez trying to shift the cloud of suspicion on someone else? Your days are numbered as your family!
Wow! She thinks this is gonna stick! Again throwing stones, when she is under, the most fragile and magnifying, of a glass house! Just like an Hernandez, trying to burn someone else, when they are taking the fall! It's ok, they're all fonda be taking the fall! I swear! Is there another family in the valley, where each and every family member is in trouble and under investigation? Bola de flonques!
LAVATE LOS DIENTES
Pls Consult a immigration lawyer to solve your issue and it will also help to provide a best legal representation to your case..
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