Berenice Vazquez Garza is currently detained by U.S. Immigration and Customs Enforcement at the El Valle Detention Center in Willacy County, Texas. Alejandro Ordaz filed a habeas corpus petition on her behalf seeking her release from custody, but the record does not reflect whether Ordaz is a licensed attorney or his relationship to Garza.
Rodriguez noted that federal law allows parties to represent themselves or be represented by counsel, but "does not permit a party to be 'represented by a nonlawyer,'" citing Fifth Circuit precedent. The judge explained that Federal Rule of Civil Procedure 17(c)(2) does allow non-lawyers to litigate as a "next friend" on behalf of minors or incompetent persons, but found "no facts suggesting that Petitioner meets the standard for incompetence under Texas law."
The case arose when Ordaz filed the habeas petition without establishing his legal standing to represent Garza. Under Texas law, a person is considered incompetent only if they are "incapable, by reason of mental or bodily infirmity, of properly caring for his or her own interests in the litigation," according to the court's analysis of state precedent.
Rodriguez gave Garza and Ordaz until April 22 to file a statement justifying the next friend representation or face potential dismissal without prejudice. The ruling highlights the strict requirements for non-attorney representation in federal immigration detention cases, potentially affecting similar habeas corpus filings by detained immigrants.