926 F.3d 1128
9th Cir.2019Background
- In Feb 2008 ICE obtained a warrant for employment records at Micro Solutions Enterprises (MSE) after an anonymous tip, but internal planning documents show ICE intended to "target" 100–200 undocumented workers and pre-staged buses, vans, and detention beds.
- Approximately 100 armed ICE agents entered the factory, blocked exits, separated men and women, required workers to line up by claimed work authorization, frisked, handcuffed, and repeatedly questioned detainees, including Gregorio Perez Cruz.
- Perez Cruz, an alleged entry-without-inspection immigrant, was detained, transported to a facility, interrogated multiple times, then released; ICE later used his statements to prepare Form I-213 and obtain a Mexican birth certificate.
- Perez Cruz moved to terminate removal proceedings or suppress the evidence, arguing violations of agency regulation 8 C.F.R. § 287.8(b)(2) and the Fourth and Fifth Amendments. The IJ granted termination; the BIA reversed relying on Michigan v. Summers and remanded. Perez Cruz petitioned for review.
- The Ninth Circuit found uncontroverted documentary and operational evidence that the primary purpose of the operation was mass detention and arrest (not executing a records search), and concluded the detentions lacked individualized reasonable suspicion.
Issues
| Issue | Perez Cruz's Argument | Barr (Government) Argument | Held |
|---|---|---|---|
| Whether evidence of alienage derived from the factory detention is suppressible | Statements and birth certificate were fruits of unlawful detention and thus suppressible | Such evidence is merely identity evidence and thus not suppressible under Lopez-Mendoza | Evidence of alienage (statements, birth certificate) is suppressible when derived from unlawful detention; identity exception does not extend to alienage (Lopez-Rodriguez controls). |
| Whether detention/interrogation at MSE complied with 8 C.F.R. § 287.8(b)(2) (reasonable suspicion) | ICE lacked individualized reasonable suspicion; regulation requires reasonable suspicion for questioning/detention | Execution of a valid search warrant justified suspicionless detention under Michigan v. Summers | The operation violated § 287.8(b)(2); Summers does not authorize preplanned mass detentions whose primary purpose is arrests rather than a safe/effective search. |
| Whether Summers authorizes categorical, suspicionless detentions here | Summers cannot be used when the primary purpose is targeting and arrest, not conducting a search | Summers permits detention of occupants during execution of a valid search warrant without individualized suspicion | Summers does not authorize detentions when officers' primary purpose is a preexisting plan to detain/interrogate/arrest many individuals; purpose matters where no probable cause. |
| Remedy (suppression/termination) | Suppression of alienage evidence and termination of removal proceedings without prejudice | No suppression; evidence admissible to prove identity/alienage | Suppress evidence derived from the unlawful detention; because government offered no other alienage evidence, remand with instructions to dismiss removal proceedings without prejudice. |
Key Cases Cited
- Michigan v. Summers, 452 U.S. 692 (establishes limited authority to detain occupants during execution of a search warrant)
- INS v. Lopez-Mendoza, 468 U.S. 1032 (identity evidence generally not suppressible; distinguishes identity from alienage)
- Muehler v. Mena, 544 U.S. 93 (upholds detention of occupants during execution of warrant; detention authority is categorical but tied to search purpose)
- Bailey v. United States, 568 U.S. 186 (limits Summers detentions to immediate vicinity and emphasizes search-related purpose)
- Lopez-Rodriguez v. Mukasey, 536 F.3d 1012 (alienage evidence derived from unlawful governmental conduct is suppressible)
- Sanchez v. Sessions, 904 F.3d 643 (discusses suppression for regulatory violations and egregious Fourth Amendment breaches)
- Ganwich v. Knapp, 319 F.3d 1115 (employee detentions during workplace search; scope and intrusiveness can render detention unreasonable)
- Dawson v. City of Seattle, 435 F.3d 1054 (detention of occupants during execution of warrant reasonable when tied to legitimate search execution)