Garcia-Torres v. Holder
660 F.3d 333
| 8th Cir. | 2011Background
- Garcia-Torres, Mexican citizen, entered U.S. illegally in Feb. 1997; arrest at Mexico on Main during a tip about ordinance violation; police conducted warrantless entry and arrest of occupants including Garcia-Torres; local charges were not pursued; ICE detainers and I-213 forms issued based on local arrest; suppression and termination motions denied by IJ; Petitioner applied for cancellation of removal; BIA dismissed; petition for review filed in Eighth Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusionary rule applicability in removal proceedings | Garcia-Torres contends egregious Fourth Amendment violation by local officers; seeks suppression. | Government argues no egregious violation; exclusionary rule not applicable in civil removal. | No egregious violation; evidence admissible; exclusionary rule not required to suppress. |
| Whether the Fourth Amendment violation, if any, warrants suppression of alienage evidence | Violation by local police could justify suppression under exclusionary framework. | Even if violated, not egregious; improper conduct not suppression-worthy. | Assuming violation, not egregious; evidence admissible. |
| Reviewability of the BIA's hardship determination in cancellation of removal | Challenges to hardship balancing as legal error; seeks review of discretionary decision. | Hardship determination is discretionary and not reviewable as a legal question. | Court lacks jurisdiction to review discretionary hardship determination; only constitutional or legal questions reviewable. |
Key Cases Cited
- United States v. Lopez-Mendoza, 468 U.S. 1032 (1984) (exclusionary rule in civil deportation proceedings; framework balancing factors)
- United States v. Janis, 428 U.S. 433 (1976) (inter-sovereign deterrence considerations in Janis framework)
- Puc-Ruiz v. Holder, 629 F.3d 771 (8th Cir. 2010) (de novo review of legal issues; substantial evidence standard for facts)