A federal appeals court has declined to intervene in a pair of South Texas cases that were the first border fence landowner disputes to reach the appellate court level.
The 5th U.S. Circuit Court of Appeals in New Orleans said it did not have jurisdiction to jump into the case because the government had not finished the condemnation of two parcels of land in Los Ebanos.
Hilaria and Baldomero Muniz, an elderly couple who toiled as migrant farmworkers for decades before settling in the small community in Hidalgo County, had appealed after a district judge gave federal surveyors access to their property in preparation for construction of the fence on the U.S.-Mexico border.
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