Perez Cruz v. Barr, No. 15-70530 (9th Cir. 2019)Annotate this Case
ICE agents were not permitted to carry out preplanned mass detentions, interrogations, and arrests at a factory, without individualized reasonable suspicion. The Ninth Circuit granted a petition for review of the BIA's decision affirming the IJ's order of removal against petitioner and dismissal of his appeal. The panel rejected the government's argument that the evidence was sufficient to prove that petitioner's removability was not suppressible.
On the merits, the panel held that petitioner's seizure was not a justified detention under Michigan v. Summers, 452 U.S. 692 (1981), which held that a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted. The panel held that Summers' categorical authority to detain incident to the execution of a search warrant does not extend to a preexisting plan whose central purpose is to detain, interrogate, and arrest a large number of individuals without individualized reasonable suspicion. Therefore, the agents violated 8 C.F.R. 287.8(b)(2) by detaining and questioning petitioner, and petitioner was entitled to suppression of the evidence gathered as a result of that violation. Finally, the panel held that the proceedings against petitioner should be terminated without prejudice.