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Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA 2022) (1) Where an Immigration Judge finds that a traffic stop was nothing more than a routine law enforcement action, a respondent has not established a prima face case of a Fourth Amendment violation—much...

Reynaga Hernandez v. Skinner "In late 2017, a witness in a courtroom in Billings, Montana, testified that one of the other witnesses, Miguel Reynaga Hernandez (“Reynaga”), was “not a legal citizen.” On the basis of this...

Millan-Hernandez v. Barr "Maria Cared Millan-Hernandez petitions for review of a 2018 Board of Immigration Appeals decision dismissing her appeal of an Immigration Judge’s denial, without an evidentiary hearing, of her motion to suppress...

ACLU, Apr. 16, 2020 "The “police” officers at the door look the part: flak jackets, tactical gear, guns, and the word POLICE emblazoned on their outfits. They even announce they are “the police.” But they are not the police...

Rodriguez v. Barr "One can reasonably infer from the agents’ preparation of an unreliable report at the time of the arrest, which would ultimately be used against Rodriguez, that the arrest was premised on an impermissible basis. And, given...

Zack Huffman, CNS, Nov. 12, 2019 "A federal judge in Boston ruled Tuesday that the government’s suspicionless searches of international travelers’ smartphones and laptops at border ports of entry and airports violate the Fourth Amendment...

Hernandez v. US "In defending this appeal, the Government and the City point fingers at each other. The Government argues that the City was responsible for Hernandezʹs confinement and the City argues that it continued to detain Hernandez only because...

Yoc-Us v. Atty. Gen. "The facts alleged by Petitioners, if supported by evidence, could support the conclusion that the illegal extension of the stop was solely “based on race or perceived ethnicity.” Oliva-Ramos, 694 F.3d at 279. Other...

Perez Cruz v. Barr "Immigration and Customs Enforcement (ICE) agents implemented a preconceived plan to “target” over 200 factory workers for detention and for interrogation as to their immigration status. The plan turned on obtaining...

NWIRP, May 29, 2019 "Earlier today, a federal court in Montana ruled that a sheriff’s deputy and a justice of the peace in Billings, Montana, violated the Fourth Amendment when they arrested Miguel Reynaga at a state courthouse in Billings...

Sanchez v. Sessions, Sept. 19, 2018 - "As Judge Pregerson poignantly described in our prior opinion: “This case is about Luis Sanchez, a small boat owner, who took some friends on a fishing trip within United States territorial waters, and...

Rodriguez v. Swartz - "A U.S. Border Patrol agent standing on American soil shot and killed a teenage Mexican citizen who was walking down a street in Mexico. We address whether that agent has qualified immunity and whether he can be sued for violating...

Zuniga-Perez v. Sessions - "Petitioners Juan Martin Zuniga‐Perez and Elder Hernandez‐Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the ʺBIAʺ) affirming a February 24, 2016, decision of an immigration judge...

"The government points to its plenary authority to conduct warrantless searches at the border. It posits that a laptop computer is simply a “container” that was examined pursuant to this authority, and it submits that the government’s...