Texas Court Upholds Trespass Conviction at Shelby Park Border Zone

A Texas woman arrested at Shelby Park in January 2024 lost her appeal in October 2026. The Fourth Court of Appeals in San Antonio affirmed her conviction for criminal trespass — a Class B misdemeanor — after she entered the park through an unauthorized location along the riverbank. The park had been restricted two days before her arrest, when a Texas Department of Public Safety major issued a written declaration limiting access to designated entry points only.

What the court decided

Brenda Corrales Suarez argued that the trial court violated her Sixth Amendment right to a speedy trial. The case took roughly 12 months from her arrest to her speedy trial hearing — a delay the appeals court acknowledged was long enough to trigger a full legal review. But after weighing all four factors under the U.S. Supreme Court's Barker v. Wingo standard — length of delay, reason for delay, whether she asserted her right, and prejudice — the court found no violation. Much of the delay stemmed from ongoing discovery disputes, including her own requests for documents and witness information. She ultimately pleaded nolo contendere (meaning she did not contest the charge) and received four days in county jail with credit for time served. No fine was assessed.

The case arose from Texas's restricted access policy at Shelby Park, a flashpoint in the state's border enforcement operations. Under Texas Penal Code, trespass in an area under a gubernatorial disaster declaration can be elevated to a Class A misdemeanor — a more serious charge. Corrales Suarez was charged under that enhanced provision but ultimately convicted of the lower Class B offense as part of a plea agreement.

Why this matters for immigrants

For immigrants — whether they hold a green card, a visa, or have a pending asylum application — a criminal conviction, even a misdemeanor, can have serious immigration consequences. A nolo contendere plea is treated as a conviction under federal immigration law. That means it can be used against you in removal proceedings (the process where a judge decides whether to deport you), affect your eligibility for a green card or naturalization, or complicate an asylum case. The specific impact depends on your current immigration status and the nature of the charge.

What to do

• If you were arrested near a restricted border area or disaster-declaration zone, do not enter any plea — including nolo contendere — without first speaking to an immigration lawyer.
• If you already have a conviction and are applying for a green card, asylum, or citizenship, disclose it fully to your attorney. Hiding it can cause far worse consequences than the conviction itself.
• If you are in removal proceedings and have a misdemeanor conviction, ask your attorney whether it qualifies as a crime involving moral turpitude or another deportable offense under federal law.
• Check whether your state has a disaster declaration in effect near your area — entering restricted zones, even unintentionally, can result in criminal charges with immigration consequences.

A full breakdown of this topic — in our guide “Immigration Court Rulings”.