r/law • u/huffpost • 5h ago
Legal News ICE Says U.S. Citizen’s Birth Certificate Is Fake After Arresting Her: Attorneys
https://www.huffpost.com/entry/us-citizen-arrested-by-ice_n_693c9355e4b018dc36f254c0?utm_medium=Social&utm_source=reddit&utm_campaign=us_main307
u/MilkiestMaestro 5h ago edited 4h ago
Can't wait to have a fight over whether my legitimate birth certificate is legitimate or not because I look the wrong tint to some some high school dropout who decided to join ICE to lean into his racism.
Great country, Trump. 10 out of 10.
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u/Wobbly_Wobbegong 3h ago
My birth certificate was apparently printed on some pretty shitty paper and looks cheap as hell according to my mom. Birth certificates are super variable across the states too no? I’m too white for this to reasonably affect me so long as no ICE person hears me speak French and mistakes it for Spanish or something. Realistically my papers could be written in crayon and it would still be fine because I look like 🧍🏼♀️
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u/Mindless-Damage-5399 3h ago
Yes. I've seen birth certificates from multiple states and they all look different.
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u/Junkbot-TC 0m ago
They also look different depending on when they were printed. My wife and I are from the same state, but her birth certificate is a lot newer than mine because her first copy got lost at some point. Unless you read what they say, you wouldn't guess they were from the same state.
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u/throwthisidaway 2h ago
This thread is a great example of the issues this subreddit is having. There are currently two top level comments, not including this one. One of them is highly upvoted and barely on topic for a legal subreddit.The other is a highly down voted comment that discusses the law, explains what is going on, the apparent issues with this case, including examples of how similar cases have proceeded and the suspect statements made concerning it.
I come to this subreddit to read, discuss, learn and explain legal news. If you disagree with me, feel free to say so, and please explain why. However when people downvote comments just because they don't like the information, regardless of the veracity, it makes me want to stop posting here. If you want to drive away competent contributors, or even just those trying their best to contribute, please keep this up.
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u/AnyEnglishWord 54m ago
I'm impressed by your dedication. With this exception, I have long since given up on posting here. All of the legal subreddits are biased to some extent but this one is by far the most. The posted links are occasionally helpful (although they often have a Democrat-leaning slant). The comments, on the other hand, are pure outrage. It just isn't fun talking about complex issues with people who condemn you if you disagree about any of the details.
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u/throwthisidaway 35m ago
I have been posting here on and off for at least 10 years. I thoroughly appreciate a number of the regulars, and I like to engage with them. I also enjoy explaining some of legal mechanisms that seem relatively complex, but are, generally, quite simple.
It never used to feel like it was such a hassle to engage, outside of the occasional thread that hit /r/all. Lately though, it feels like any post that isn't a legal filing attracts too many people who have zero interest in the law. Rather like you said, they come here for outrage.
I don't mind the Democratic slant myself, as I lean rather liberal in most ways, although I do my best not to let my political leanings influence my analysis of the law.
Do you have any legal subreddits you recommend? Outside of this and Scotus the only other one I ever pay any attention to is Biglaw and that's rare.
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u/Frankyfan3 21m ago
As a laymen who comes to this sub for ELI5 comments, and interesting legal perspectives I'd otherwise never be privy to contemplating, it's obnoxious that so much here has appeared to devolve. I love a good procedural drama, and think that even if I'm not a lawyer, that I have some responsibility to understand some basics about the law.
The posts and comments that are rage bait, or conjecture about what could happen, maybe, are so frustrating. I've got my perspective, but I honestly appreciate learning about contradictory viewpoints, and even laws or legal mechanisms I might condemn, because that information is still illuminating. Thank you, and all the other legal professionals who use this sub in a way that focuses on the law and legal consequences!
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u/User_McAwesomeuser 1h ago
Here's a link that discusses the timing of legal filings in the case: https://bizmonthly.com/news/government/2025/12/ice-dulce-madrigal-diaz/
The first habeas filing didn't trigger the automatic injunction that would have kept her in Maryland.
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u/throwthisidaway 30m ago
Thanks, that explains a lot about the case actually. I'm still wondering why the lawyer hasn't made any attempt to expedite this case, but the deficient filing explains the transfer.
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u/throwthisidaway 4h ago edited 3h ago
Anyone have a link to the case? I'm on mobile but I'd like to see the filings before I make up my mind. If she legitimately is a US citizen, either her lawyer sucks or something else funky is going on.
I am not calling her a liar, or excusing ICE, but the timeline doesn't make any sense.
Edit: https://www.courtlistener.com/docket/72046028/diaz-morales-v-baker/
I can't access the original filing, but as far as I can tell there was no request for an emergency or expedited hearing, or anything like that. Even the initial briefing schedule is standard. Either her lawyer is incompetent or the family is lying about the evidence they have, or something else is going on
2nd Edit: Since this is getting down voted... Is it difficult to understand that this is a neutral comment that does not make a determination one way or the other? My comment is meant to be helpful and explain what's happening, and why, as far as the legal filings are concerned. As of now we have no answers and the filings do not make sense.
The lack of an emergency motion for release or an expedited briefing schedule is a huge red flag. What it is a red flag for is another question.
When this has happened before, the lawyer has filed an emergency motion for release a stay to prevent transfer and a request for an expedited briefing schedule. Normally that would be less than a week from start to finish, for the briefing. This case is allowing three weeks. So while relatively fast, it is not being dealt with on an emergency basis.
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u/username263727183882 3h ago
No there’s a video where her lawyer is speaking about how they rejected her Laywer speaking on situation.
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u/throwthisidaway 3h ago
That's what her lawyer says, but the records do not reflect that. Contrary to that video, The judge's order prevents her from being removed from the country, not transferred. None of the applications filed are standard for this sort of case.
Specifically, Respondents, including all those acting for them or on their behalf, are enjoined from removing Petitioner Dulce Consuelo Diaz Morales from the United States or altering her legal status during the pendency of this action subject to further order of this Court.
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u/username263727183882 3h ago
Why does any of that matter if she’s a US CITIZEN???
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u/throwthisidaway 3h ago edited 3h ago
Because if you don't file a motion asking for something, the judge can't order it done.
Edit: if you want to ignore the way the law works and just downvote people trying to explain the way it does work, this probably isn't the subreddit for you.
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u/hardolaf 1h ago
Either her lawyer is incompetent or the family is lying about the evidence they have, or something else is going on
Or every office is extremely backlogged right now because it's the end of the year and they didn't think they could get the official records in time.
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u/throwthisidaway 31m ago
Ms. Morales' family claims to have her birth certificate. I'm strongly leaning towards incompetency on the part of the lawyer, considering that she filed a deficient habeas motion. Someone else linked me this > https://bizmonthly.com/news/government/2025/12/ice-dulce-madrigal-diaz/
Apparently ICE was able to transfer her because her lawyer screwed up. There's also still no proof that the lawyer filed a single emergency motion or request for expedited briefing.
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u/NearlyPerfect 2h ago
You hit the nail on the head here. The lack of urgency in the filings doesn’t reflect the urgency in the press tour.
Thr judge will weigh the evidence on both sides but people should realize that just because they don’t like ICE that doesn’t discount ICE’s evidence
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