LexisNexis® Legal Newsroom
CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it occurred a significant distance from the U.S. border...

Customs and Border Protection Search Did Not Violate 4th Amendment, 9th Circuit Rules

PASADENA, Calif. - (Mealey's) The search of a man's laptop computer by Customs and Border Protection (CBP) officials that occurred 170 miles from the border did not constitute an "extended border search" and did not violate his rights under the Fourth Amendment to the U.S. Constitution...

BIA (unpub.) on Egregious 4th Amendment Violation: CBP 'Smelled' Undocumented Aliens in Car

Enrique Soto-Garcia, A087 534 842 (BIA May 7, 2013) - "In this unpublished decision, the Board of Immigration Appeals (BIA) upheld an immigration judge's finding that Border Patrol agents committed an egregious Fourth Amendment violation when they pulled over the car in which the respondent...

BIA on Egregious 4th Amendment Violation: Matter of Ixpec-Chitay (Unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the suppression of evidence obtained by ICE officers who, during an early morning home raid, entered the respondent's home through windows without a search warrant or consent, hit the respondent on the head with a flashlight...

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment

"A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained...

Roving Stop Suppression Victory in Texas: USA v. Canales-Rosales

"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 .

Unpub. BIA 4th Am. Violation Remand: Matter of Espana

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his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 violation. The Board noted that ICE...

Unpub. BIA 4th Amendment Violation Remand: Matter of Espana

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 egregious Fourth Amendment violation...

Border Exit Laptop Search Tossed: USA v. Kim

"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 unfettered right to search cargo at the border...

CA9 on Egregious 4th Amendment Violation: Sanchez v. Sessions

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 ethnicity alone. Thus, we hold that...