Garcia-Torres v. Holder, Jr., No. 10-2307 (8th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of a decision of the BIA that dismissed his appeal, finding that evidence of his alienage was admissible and that removal was proper despite the hardship he alleged it would impose on his family. The court held that, even assuming that the search and seizure here constituted a violation of the Fourth Amendment, any such violation was not egregious. Any evidence ICE obtained, by virtue of petitioner's arrest by local officers, was admissible and sufficient to establish petitioner's alienage and removeability. The court also held that it lacked jurisdiction to review the BIA's hardship determination because it was a discretionary decision barred from appellate review. Accordingly, the court denied the petition.
Court Description: Petition for Review - Immigration. Even assuming that the search and seizure leading to petitioner's arrest as an illegal alien constituted a violation of the Fourth Amendment, the violation was not egregious, and any evidence ICE obtained, by virtue of petitioner's arrest by local police, was admissible and sufficient to establish his alienage and removability; Court lacks jurisdiction to review the BIA's hardship determination because it is a discretionary decision barred from appellate review.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.