Use this button to switch between dark and light mode.

Experience a New Era in Legal Research with Free Access to Lexis+

Garcia-Torres v. Holder

Garcia-Torres v. Holder

United States Court of Appeals for the Eighth Circuit

March 15, 2011, Submitted; October 28, 2011, Filed

No. 10-2307

Opinion

 [*334]  NELSON, District Judge.

Jose Garcia-Torres, a native and citizen of Mexico who entered the United States in February 1997 without admission or parole, petitions for review of a decision of the Board of Immigration Appeals ("BIA") that dismissed his appeal, finding that the evidence of his alienage was admissible and that removal was proper despite the hardship he alleged it would impose on his family.

We deny the petition.

I. BACKGROUND

At about 4:00 a.m. on August 25, 2007, St. Charles, Missouri police officers,  [**2] acting on a tip that alcohol was being consumed in violation of a local ordinance prohibiting drinking after 1:30 a.m., entered, without a warrant, a restaurant named "Mexico on Main." Inside they arrested several individuals, including Petitioner, a co-owner of the restaurant, and Jorge Angel Puc-Ruiz. But the local prosecutor later found no probable cause for the arrest and charges were never filed against them.

Nevertheless, in the interim, they were transferred to the custody of Immigration and Customs Enforcement ("ICE"). As ICE officer Jeffrey Othic explained, ICE does "a lot of outreach" with local law enforcement agencies, which "routine[ly]" notify ICE when they suspect that individuals  [*335]  they have in custody might be foreign nationals without evidence of their immigration status. (App. at 95, 116, 135.) Othic then interviewed Petitioner and Puc-Ruiz and prepared a Form I-213 for each. Othic testified that Petitioner's answers were given freely. As Petitioner and Puc-Ruiz appeared to be in the U.S. illegally, ICE issued immigration detainers and Notices to Appear in removal proceedings.

Petitioner moved to suppress the I-213 and all evidence obtained as a result of the arrest.  [**3] He also moved to terminate the proceedings, contending that the Government failed to prove alienage and removability. The Immigration Judge (IJ) denied both motions. Petitioner then applied for cancellation of removal and, in the alternative, voluntary departure. The IJ also denied those applications. Petitioner appealed to the BIA, which dismissed his appeal. This petition followed.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

660 F.3d 333 *; 2011 U.S. App. LEXIS 21838 **

Jose Garcia-Torres, Petitioner, v. Eric Holder, Attorney General of the United States, Respondent.

Subsequent History: US Supreme Court certiorari denied by Garcia-Torres v. Holder, 2012 U.S. LEXIS 7404 (U.S., Oct. 1, 2012)

Prior History:  [**1] Petition for Review of an Order of the Board of Immigration Appeals.

CORE TERMS

removal, immigration, hardship, egregious, exclusionary rule, cancellation, proceedings, alienage, arrest, alien, deportation, contends

Immigration Law, Deportation & Removal, Relief From Deportation & Removal, Cancellation of Removal, Judicial Proceedings, Jurisdiction, Evidence, Burdens of Proof, General Overview, Administrative Law, Judicial Review, Standards of Review, Deference to Agency Statutory Interpretation, De Novo Standard of Review, Rule Interpretation, Judicial Review, Criminal Law & Procedure, Search & Seizure, Exclusionary Rule, Rule Application & Interpretation, Administrative Proceedings, Admissibility of Evidence