Yoc-Us v. Attorney General United States, No. 18-1520 (3d Cir. 2019)Annotate this Case
Petitioners, undocumented aliens from Guatemala, have lived and worked in New York since 2008. They were traveling in a van with eight other men when Pennsylvania State Trooper Macke stopped the van for speeding. Petitioners were asleep in the back of the van. Macke approached the driver, who did not have his license with him. The van’s owner, in the front passenger seat, gave Macke his license and registration. Petitioners allege that instead of returning to his vehicle, Macke opened the side door and said to the passengers, ‘let me see your immigration papers, work permit, visa, passport and ID.’” Petitioners did not have any such documents. The government claims the Petitioners admitted that they were citizens of another country. Macke issued the driver's citations at 8:57 a.m.and ordered them to a nearby rest stop, where Macke positioned his car so that Petitioners’ van could not move. They claim that he interrogated them about their immigration status until ICE agents arrived at approximately 9:30 a.m. The government claimed that all freely stated that they had illegally entered the U.S. In removal proceedings, 8 U.S.C. 1182(a)(6)(A)(i), Petitioners moved to suppress evidence of their alienage obtained as a result of the stop, arguing that it had been discovered through a violation of their Fourth Amendment rights. They claimed that Macke stopped them because of their Hispanic appearance. The BIA rejected the argument. The Third Circuit remanded, concluding that Petitioners alleged a potentially egregious Fourth Amendment violation that warrants an evidentiary hearing.