United States v. Ismael Tamayo-Baez
2016 U.S. App. LEXIS 6539
| 8th Cir. | 2016Background
- Tamayo-Baez pleaded guilty to illegal reentry after removal under 8 U.S.C. §1326(a) and reserved the right to appeal denial of suppression and dismissal motions.
- ICE investigation tied Tamayo-Baez to a 1997 Jeep Cherokee registered to his wife at a Hampton, Iowa address; a computer check and social media corroborated identity.
- The 2004 removal order followed a 2002-2004 sequence of notices and a Stipulation for Removal, all provided in Spanish and English; Tamayo-Baez waived rights and signed forms.
- On Oct 23, 2014, Agent Taylor stopped a Jeep matching the description after following from Hampton; Tamayo-Baez claimed to be the driver and admitted illegal presence.
- Tamayo-Baez challenged the stop as based on lack of reasonable suspicion and challenged the 2004 removal order as due-process deficient due to Spanish translation; the district court denied both motions.
- The district court sentenced eight months, and Tamayo-Baez timely appealed the denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion | Tamayo-Baez argues lack of reasonable suspicion | Tamayo-Baez contends stop based on an unsubstantiated hunch | Yes; reasonable suspicion supported the stop based on totality of circumstances. |
| Whether Tamayo-Baez can collateral attack the removal order | Tamayo-Baez argues inadequate Spanish explanation invalidated waiver | Tamayo-Baez failed to exhaust remedies; waiver valid | No; waiver valid and exhaustion required; collateral attack fails. |
Key Cases Cited
- Navarette v. California, 134 S. Ct. 1683 (2014) (reasonable suspicion standard for stops)
- United States v. Givens, 763 F.3d 987 (8th Cir. 2014) (totality-of-circumstances standard for reasonable suspicion)
- United States v. Hollins, 685 F.3d 703 (8th Cir. 2012) (reasonable suspicion framework)
- United States v. Fuse, 391 F.3d 924 (8th Cir. 2004) (minimal objective justification for stop)
- United States v. Walker, 555 F.3d 716 (8th Cir. 2009) (totality-of-circumstances approach to stops)