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...
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. They are U.S. Immigration and...
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. “Although governmental...
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 statement, the Justice of the Peace...
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 evidence. On appeal...
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 the other facts...
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 it...
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 facts alleged by...
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 and executing a search...
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, Montana based...
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 ended up in removal...
Sanchez v. Sessions, Aug. 30, 2017 - "We grant Sanchez’s Petition for Review. We conclude that the Coast Guard officers committed an egregious Fourth Amendment violation and violated an immigration regulation because they seized Sanchez based on his Latino...
Ben Winograd at IRAC writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an...
"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment...
"A traffic stop that snared a human smuggler was illegal because it was more than 50 miles from the U.S.-Mexico border, a federal judge ruled ." - CNS, Nov. 17, 2014 .