Hearing on border fence lawsuits set for Thursday: BY EMMA PEREZ-TREVIÑO/The Brownsville Herald

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OBP005740

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(b) (6) (b) (6)

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FW: Hearing on border fence lawsuits set for Thursday Monday, February 04, 2008 5:49:41 AM

Press on next round of heari hearings. ngs.

(b) (6) Secure Border Initiative U.S. Customs and Border Protection (b) (6) For more information about the Secure Border Initiative, visit www.cbp.gov/sbi www.cbp.gov/sbi or  or contact us at SBI info info@dh @dhs.g s.gov ov..

Hearing on border fence lawsuits set for Thursday BY EMMA PEREZ-TREVIÑO/The Brownsville Herald February 3, 2008 - 11:49PM U.S. Attorneys Attorneys and Cameron County property property owners will appear appear before a federal federal judge on Thursday to voice their concerns on land-condemnation lawsuits filed within the last two weeks. They will again appear before U.S. District Judge Andrew S. Hanen, who refused to give the U.S. Department of Homeland Security immediate access to lands without notice or hearing. Hanen last week again denied U.S. Attorneys’ motion for “immediate possession” of the  properties relative to the second batch of lawsuits filed in the U.S. District Court Southern District of Texas last week. These number nine. “Plaintiff “Plaintiff is ordered to provide notice notice of the hearing hearing to: each defendant, defendant, anyone who owns or  claims ownership of the properties in question, anyone occupying the properties, as well as their legal counsel, if known,” Hanen wrote in his order. Hanen scheduled a hearing on the government’s latest move to gain temporary possession of  more property for 10 a.m. in courtroom No. 6 at the U.S. federal courthouse on Harrison Street. The government is seeking possession of the lands for 180 days to investigate their suitability for construction construction of a fence along the U.S.- Mexico border border in the interest of national national security. security. The government will pay the property owners $100 for the six-month use. Hanen appeared skeptical at the Jan. 25 hearing that the government had not been able to locate all of the 12 landowners it initially sued on Jan. 18, telling government attorneys that surely surely they could have located located the affected owners through tax records. records. “Some live in Mexico,” government government attorneys attorneys said. Some have a “post office office box,” they also added, and some telephone telephone numbers were not available, available, they pointed out. Government attorneys told Hanen that land records in much of the Rio Grande Valley, “are

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confusing.”  News organizations, however, including The Brownsville Herald, have been able to contact landowners, including Elia F. Mendoza in Las Vegas, Nev. and her son Adalberto Mendoza in Brownsville. They were among property owners that government attorneys claimed they had not been able to locate to notify them of the hearing. hearing. The property owners in the most recent filing and scheduled for Thursday’s hearing are Ruben Quiroz of San Benito, Celeste Montemayor Rodriguez of San Benito, Diana Santiso Del Rio of Mexico City and Brownsville, Brownsville, Huton G. Frazier of Bedford and the Estate of  Luciano Ortiz, Maria Antoinette Pope of Brownsville, Morgan C. Jones of Garland, Borzynski Brothers Properties of San Benito and Franksville, Wis., and Sumner Family Partners of Raymondville with John A. Buffo as registered agent. Buffo seemed unaware unaware of the lawsuit lawsuit when contacted contacted by The Herald last week.

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