Category Archives: Immigration arrests

CA3: Legality of arrest on an ICE warrant for overstaying visa irrelevant to removal

“Matos first argues that local law enforcement violated his Fourth and Fourteenth Amendment rights to be free from unreasonable seizures by arresting him pursuant to the purported ICE warrant. Matos protests that he never waived this right when he entered … Continue reading

Posted in Immigration arrests | Comments Off on CA3: Legality of arrest on an ICE warrant for overstaying visa irrelevant to removal

E.D.Ky.: Immigration questions require RS; here they had it

Immigration status questions require reasonable suspicion. It was lacking at first because they thought at first defendant was somebody else, but the officer quickly concluded the correct facts. Then there was reasonable suspicion. United States v. Hernandez-Hernandez, 2018 U.S. Dist. … Continue reading

Posted in Immigration arrests | Comments Off on E.D.Ky.: Immigration questions require RS; here they had it

NBC News: American-born citizen sues sheriff after he was nearly deported to Jamaica

NBC News: American-born citizen sues sheriff after he was nearly deported to Jamaica by Daniella Silva: Peter Sean Brown, who was born in Philadelphia, was detained by Florida authorities and flagged for deportation after a request from ICE, according to … Continue reading

Posted in Immigration arrests | Comments Off on NBC News: American-born citizen sues sheriff after he was nearly deported to Jamaica

WaPo: Lawsuit targets Greyhound over warrantless stopping of buses by border agents

WaPo: Lawsuit targets Greyhound over warrantless stopping of buses by border agents by Spencer S. Hsu Lawyers for a California woman asked a state judge Thursday to order Greyhound Lines to stop allowing federal immigration agents to board its buses … Continue reading

Posted in Immigration arrests | Comments Off on WaPo: Lawsuit targets Greyhound over warrantless stopping of buses by border agents

WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests

WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests by Lindsey Bever: After a nationwide class-action lawsuit against Motel 6, the chain agreed to pay as much as $7.6 million … Continue reading

Posted in Immigration arrests, Third Party Doctrine | Comments Off on WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests

N.D.Iowa: With PC to arrest because of prior immigration removal, distance from border doesn’t matter

Even though they were more than 100 miles from an international border, ICE officers had probable cause (which was conceded) to believe that defendant was in the U.S. despite having been previously removed. Therefore, the stop was valid. United States … Continue reading

Posted in Arrest or entry on arrest, Immigration arrests | Comments Off on N.D.Iowa: With PC to arrest because of prior immigration removal, distance from border doesn’t matter

S.D.Tex.: Immigration stop 56 miles from border was without RS

Defendant’s immigration stop 56 miles from the border was without reasonable suspicion under Brignoni-Ponce. He was alone and stopped and checked his phone and pulled into a car wash. Defendant’s actions were more consistent with innocence than criminal conduct. United … Continue reading

Posted in Immigration arrests | Comments Off on S.D.Tex.: Immigration stop 56 miles from border was without RS

CA11: Apparent consent for 5:30 am entry defeats “egregious” 4A violation for exclusion in immigration removal

Petitioner’s declaration did not make a prima facie case of an egregious violation of the Fourth Amendment to preclude evidence in his removal proceeding. The entry was at 5:30 am, but there was also evidence of consent to the entry. … Continue reading

Posted in Exclusionary rule, Forfeiture, Immigration arrests | Comments Off on CA11: Apparent consent for 5:30 am entry defeats “egregious” 4A violation for exclusion in immigration removal

CA11: Plea to indictment without plea agreement isn’t conditional plea

Defendant’s plea to the indictment without a plea agreement didn’t preserve any appeal issues. Thus, there was no conditional plea. United States v. Thomas, 2018 U.S. App. LEXIS 22594 (11th Cir. Aug. 15, 2018). The Immigration Judge found that the … Continue reading

Posted in Immigration arrests | Comments Off on CA11: Plea to indictment without plea agreement isn’t conditional plea

CA2: In removal proceedings, pet’rs made a prima facie case of egregious 4A violation; remanded

“In removal proceedings before the IJ, both petitioners moved to suppress the evidence obtained during the search, arguing that the search violated the Fourth Amendment because it was conducted without a warrant, consent, or exigent circumstances, and, even assuming the … Continue reading

Posted in Exclusionary rule, Immigration arrests | Comments Off on CA2: In removal proceedings, pet’rs made a prima facie case of egregious 4A violation; remanded

The order in the Philadelphia sanctuary city case

The Philadelphia sanctuary city case: City of Philadelphia v. Sessions, 2018 U.S. Dist. LEXIS 94709 (E.D. Pa. June 6, 2018).

Posted in Immigration arrests | Comments Off on The order in the Philadelphia sanctuary city case

KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana

KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana by David Taube:

Posted in Immigration arrests | Comments Off on KOAT-Albuquerque: Border patrol agent stops two people after they spoke Spanish in Montana