San Antonio Appeals Court Affirms Ruling Against Migrant Alleging Selective Prosecution Based on Gender

The Fourth Court of Appeals in San Antonio on Tuesday affirmed a trial court’s decision to deny a pre-trial writ of habeas corpus for a man arrested under Operation Lone Star who claimed he was a victim of selective prosecution based on his gender.

Marco Antonio Guardiola Trinidad, the appellant, was arrested and charged with misdemeanor criminal trespass as part of Operation Lone Star (OLS).

In a pretrial application, Trinidad argued that the State of Texas engaged in selective prosecution by targeting men for criminal trespass while not prosecuting similarly situated women for the same offense. He argued that this practice violated the Equal Protection clauses of the U.S. and Texas

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