CA9: Two on failure to prove egregious 4A violation

“Applying de novo review, we find that Torres-Navarro has failed to carry her burden to show an egregious Fourth Amendment violation. See id. at 649, 653. Her declaration does not deny the border patrol agent’s submission, reflected on the Form I-213, that the agent apprehended her within 25 minutes of her crossing the U.S.-Mexico border by rafting across the Rio Grande River. … Despite the agent’s failure to ascertain Torres-Navarro’s name, place of birth, or country of citizenship before arresting her, Torres-Navarro’s arrest was lawful under those circumstances—or, at a minimum, not an egregious violation of the Fourth Amendment.” Torres-Navarro v. Barr, 2019 U.S. App. LEXIS 7518 (9th Cir. Mar. 14, 2019).*

“But we conclude on de novo review that this brief factual statement, without any additional information surrounding the circumstances of his arrest, is insufficient to meet his burden of establishing a prima facie case of a Fourth Amendment violation, let alone an egregious Fourth Amendment violation.” Hernandez-Segovia v. Barr, 2019 U.S. App. LEXIS 7987 (9th Cir. Mar. 19, 2019).

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