Victor Roberto Garcia
Judge Garcia no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Garcia decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security appeals, Garcia applied the Fifth Circuit's Stone v. Heckler severity standard rigorously at step two, but affirmed the agency where the ALJ correctly cited that standard (or its SSR 85-28 equivalent per Keel v. Saul) and the record supported only mild functional limitations.
“The ALJ's conclusion at step two that Plaintiff's depression and anxiety are not severe is supported by substantial evidence.”
On a retaliation claim, disputing the underlying facts of an adverse employment decision is not enough to show pretext -- the plaintiff must show the decision would not have been made but for the protected activity.
“'[d]isputing the facts underlying the employment decision does not demonstrate pretext.'”
Procedural preferences
On his consent Social Security docket, once a sentence-four reversal and remand is warranted, Garcia has granted the claimant's unopposed follow-on motion for attorney's fees under the Equal Access to Justice Act.
“ORDER GRANTING 27 Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412. Signed by Judge Victor R. Garcia.”
Cautions
A government motion to dismiss in part for lack of subject-matter jurisdiction can be mooted rather than ruled on the merits once the case proceeds to mediation and a negotiated resolution -- litigants should not assume a live jurisdictional motion will necessarily be decided before settlement talks conclude it.
“ORDER DENYING AS MOOT Motion to Dismiss [in Part Plaintiff's Original Complaint for Lack of Subject Matter Jurisdiction] Signed by Judge Victor R. Garcia.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court hereby finds the Report and Recommendation is ADOPTED and ADOPTED, the Defendant's Motion for Summary Judgment is GRANTED, and Plaintiff's objections to the Report and Recommendation are OVERRULED.”
Caseload & timing
From public federal docket records for this judge.
Garcia's docket is dominated by his criminal magistrate duty for the Del Rio Division (a Border Patrol sector corridor), which does not generate classifiable civil motions. His civil footprint is a modest, steady run of consent-track Social Security appeals plus occasional other civil matters; several of the older Social Security appeals' terminal orders are not retained with text in the public docket record.
A historical record
Judge Garcia no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.