In an impressively articulated and groundbreaking decision, the U.S. Court of Appeals for the Third Circuit held that the exclusionary rule can apply in removal proceedings when ICE agents engage in egregious or widespread constitutional violations. Oliva-Ramos v. Attorney General, No. 10-3849, slip op. (3d Cir. Nov. 16, 2011) (McKee, Rendell, and Ambro, JJ.). Judge McKee wrote the panel’s decision. The events that led up to this case being litigated read like a nightmare. At 4:30 in the morning armed ICE agents appeared at the apartment that Oliva-Ramos shared with his three sisters, nephew, [...]
4 Cir: Calling ICE during routine traffic stop doesn’t violate 4th Amendment
The U.S. Court of Appeals for the Fourth Circuit determined that no unconstitutional seizure occurred where a local police officer took time to call ICE to verify the authenticity of a permanent residence card during an otherwise routine traffic stop. United States v. Guijon-Ortiz, No. 10-4518, slip op. (4th Cir. Nov. 10 2011) (Gregory, Davis, and Keith, JJ.). Judge Davis wrote panel’s opinion. This case involved a stop by a West Virginia sheriff’s deputy of a pickup truck traveling at 66 miles per hour in a 65 mile per hour zone. After trailing the truck for some undisclosed time, [...]
8 Cir: Warrantless arrest isn’t egregious 4th Amend violation meriting suppression
The U.S. Court of Appeals for the Eighth Circuit rejected a non-citizen’s attempt to exclude evidence of his identity obtained after a warrantless arrest. Garcia-Torres v. Holder, No. 10-2307, slip op. (8th Cir. 2011) (Loken, Colloton, and Nelson, JJ.). District Judge Nelson, sitting by designation on the Eighth Circuit, wrote the panel’s opinion. This case involved an entrant without inspection who was present at a Missouri restaurant that local police officers “acting on a tip that alcohol was being consumed in violation of a local ordinance” entered without a warrant. Garcia-Torres, No. [...]
3 Cir: Probable cause needed to consider returning LPR as seeking admission; aiding & abetting wire fraud is aggravated felony
The U.S. Court of Appeals for the Third Circuit held that an immigration officer must have probable cause to believe that an LPR returning to the United States from a trip abroad has committed an offense listed in INA § 212(a)(2) to determine that the LPR is seeking admission. John Doe v. Attorney General, No. 10-2272, slip op. (3d Cir. Sept. 8, 2011) (Rendell, Smith, and Fisher, JJ.). Judge Smith wrote a majority opinion joined by Judge Fisher. Judge Rendell wrote separately concurring in part and dissenting in part. This case involved an LPR who was paroled into the United States upon [...]
5 Cir: Right to bear arms doesn’t apply to undocumented; 1st, 4th Amend protections might not apply either
A divided panel of the U.S. Court of Appeals for the Fifth Circuit held that the Second Amendment to the U.S. Constitution does not apply to undocumented individuals. United States v. Portillo-Muñoz, No. 11-10086, slip op. (5th Cir. June 13, 2011) (Garwood, Garza, and Dennis, J.). Judge Garwood wrote the majority opinion joined fully by Judge Garza. Judge Dennis wrote a separate opinion concurring in part, but dissenting on the majority’s main points. This case involved an individual who admitted to entering the United States without inspection. He lived in Texas for approximately 18 months [...]