735 F.3d 1043
8th Cir.2013Background
- Petitioners Lopez-Fernandez and Felix-Jimenez, Mexican nationals, face removal proceedings after ICE arrest and search at their Missouri home.
- Six officers, some armed, executed the raid; petitioners provided statements and Mexican passports during the search.
- Form I-213s were prepared based on the officers' findings of alienage.
- Petitioners sought an evidentiary hearing and to suppress the I-213s; asserted Fourth and Fifth Amendment claims.
- IJ denied suppression and termination; BIA affirmed denying relief; petition for review filed in the Eighth Circuit.
- Court analyzes whether petitioners presented a prima facie case to warrant suppression under egregious Fourth Amendment violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners showed an egregious Fourth Amendment violation. | Lopez-Fernandez; Felix-Jimenez claim egregious violation. | Respondents contend no prima facie egregious violation. | No prima facie egregious violation shown. |
| Whether failure to hold a suppression hearing violated due process. | Due process requires hearing if prima facie case shown. | Hearing not required absent prima facie suppression case. | Fifth Amendment due process not violated; no suppression hearing required. |
| Whether the exclusionary rule applies to deportation when no egregious violation is shown. | Exclusionary rule should apply to suppress I-213s. | Exclusionary rule not triggered absent egregious violation and prima facie case. | Exclusionary rule not invoked; evidence preserved absent egregious violation. |
Key Cases Cited
- United States v. Lopez-Mendoza, 468 U.S. 1032 (1984) (exclusionary rule in deportation context limited; not automatic suppression)
- Martinez Carcamo v. Holder, 713 F.3d 916 (8th Cir. 2013) (egregious violation under totality of circumstances)
- Lopez-Gabriel v. Holder, 653 F.3d 683 (8th Cir. 2011) (no hearing where no prima facie egregious violation)
- Puc-Ruiz v. Holder, 629 F.3d 771 (8th Cir. 2010) (egregious violation analysis; totality of circumstances)
- Garcia-Torres v. Holder, 660 F.3d 334 (8th Cir. 2011) (garden-variety Fourth Amendment violation not egregious)