Opinion
13-23-00307-CV
07-31-2023
IN RE CECILIA CRUZ
On Petition for Writ of Habeas Corpus.
Before Justices Tijerina, Silva, and Pena
See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.1 (requiring the appellate courts to "hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition"); id. R. 47.4 (distinguishing opinions and memorandum opinions).
MEMORANDUM OPINION
JAIME TIJERINA Justice
Relator Cecilia Cruz filed a pro se petition for writ of habeas corpus in this Court asserting that she is entitled to the possession of A.V., a child, and requesting that we direct the child to be returned to her. According to relator, the child is being "illegally restrained" by non-parent joint managing conservator Jackie Soliz a/k/a Jay Jacque Banx.
The intermediate courts of appeals have limited jurisdiction to issue writs of habeas corpus. In civil cases, we may issue a writ of habeas corpus "when it appears that the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case." TEX. GOV'T CODE ANN. § 22.221(d); see In re Reece, 341 S.W.3d 360, 363 n.3 (Tex. 2011) (orig. proceeding); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.-Amarillo 2017, orig. proceeding). This original jurisdiction does not encompass habeas corpus cases arising under the family code pertaining to the return of a minor child. See TEX. FAM. CODE ANN. § 157.371 (requiring a petition for writ of habeas corpus to be filed "in either the court of continuing, exclusive jurisdiction or in a court with jurisdiction to issue a writ of habeas corpus in the county in which the child is found"); see also In re Dane, No. 13-20-00214-CV, 2020 WL 1951541, at *1 (Tex. App.-Corpus Christi-Edinburg Apr. 20, 2020, orig. proceeding) (mem. op.); Ex parte A.M., No. 07-17-00451-CV, 2018 WL 445649, at *1-2 (Tex. App.- Amarillo Jan. 16, 2018, orig. proceeding) (mem. op.) (per curiam); In re Davis, No. 01-14-00838-CV, 2014 WL 6068565, at *1 (Tex. App.-Houston [1st Dist.] Nov. 13, 2014, orig. proceeding) (mem. op.) (per curiam).
The Court, having examined and fully considered the petition for writ of habeas corpus, the response filed by the Texas Department of Family and Protective Services, relator's reply, and the applicable law, is of the opinion that we lack jurisdiction to issue the requested relief. Accordingly, we deny relator's request for an evidentiary hearing on her petition for writ of habeas corpus, and we dismiss this original proceeding for want of jurisdiction. The appeal filed in our cause number 13-23-00144-CV, In the Interest of A.V., a Child, remains pending and will proceed in due course in accordance with the appellate rules.