The State of Texas v. Isaias Burciaga

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS THE STATE OF TEXAS, § No. 08-23-00034-CR Appellant, § Appeal from the v. § 327th Judicial District Court § ISAIAS BURCIAGA of El Paso County, Texas Appellee. § (TC# 20220D03763) § DISSENTING OPINION In my view, this case turns on the doctrine of federal preemption—something we can and should opine on at this pretrial juncture based on the undisputed evidence in the record. 1 The State is prosecuting Burciaga expressly because he was transporting and concealing undocumented noncitizens who were allegedly in the U.S. illegally. Federal…