Lopez-Fernandez, et al. v. Holder, Jr., No. 12-2899 (8th Cir. 2013)
Annotate this CasePetitioners, natives and citizens of Mexico, petitioned for review of the BIA's dismissal of their appeal from an IJ's order denying their motion to suppress evidence and terminate deportation proceedings. Petitioners argued that they alleged sufficient facts before the IJ to demonstrate that the entry and search of their home was an egregious Fourth Amendment violation such that the statements and passports they provided during the search should be suppressed. The court held that, even if petitioners have alleged a Fourth Amendment violation, they did not allege a prima facie case of egregiousness to warrant exclusion of evidence in the deportation context. Further, there was no Fifth Amendment violation for the failure to conduct a hearing. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - Immigration. Based on the totality of the circumstances surrounding the events described in petitioners' affidavits, petitioners have not presented a prima facie case of an egregious Fourth Amendment violation, and the IJ and the BIA properly denied their motion to suppress their statements to ICE officers; having failed to present a prima facie case on their Fourth Amendment claim, they were not entitled to hearing, and the failure to give them a hearing did not deprive them of due process.
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