USA V. CLEMENTE HERNANDEZ-GARCIA, No. 20-50228 (9th Cir. 2022)
Annotate this CaseDefendant argued that the Marine Corps surveillance violated the Posse Comitatus Act, which codified the longstanding prohibition against military enforcement of civilian law. Rejecting that argument, the Ninth Circuit explained that the military may still assist civilian law enforcement agencies if Congress expressly authorized it, and here, the 2016 National Defense Authorization Act directed the U.S. Secretary of Defense to offer military assistance to Border Patrol in hopes of securing the southern land border. The court concluded that the district court therefore properly denied Defendant’s suppression motion based on the alleged violation of the Posse Comitatus Act. The court also denied Defendant’s Batson challenge to the prosecution’s striking two Asian jurors from the venire, concluding that Defendant failed to rebut the prosecution’s race-neutral reasons for doing so.
Sign up for free summaries delivered directly to your inbox. Learn More › You already receive new opinion summaries from Ninth Circuit US Court of Appeals. Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.
Court Description: Criminal Law. The panel filed (1) an order denying a petition for panel rehearing and denying on behalf of the court a petition for rehearing en banc, and (2) an opinion that amends a May 4, 2022, opinion affirming a conviction for illegal reentry after removal, in a case in which a Marine Corps surveillance unit spotted the defendant immediately after he unlawfully entered the United States, and notified Customs and Border Patrol agents who soon detained him. The defendant argued that the Marine Corps surveillance violated the Posse Comitatus Act, which codified the longstanding prohibition against military enforcement of civilian law. Rejecting that argument, the panel explained that the military may still assist civilian law enforcement agencies if Congress expressly authorized it, and here, the 2016 National Defense Authorization Act directed the U.S. Secretary of Defense to offer military assistance to Border Patrol in hopes of securing the southern land border. The panel concluded that the district court therefore properly denied the defendant’s suppression motion based on the alleged violation of the Posse Comitatus Act. The panel also denied the defendant’s Batson challenge to the prosecution’s striking two Asian jurors from the venire, concluding that the defendant failed to rebut the prosecution’s race-neutral reasons for doing so. UNITED STATES V. HERNANDEZ-GARCIA 3
This opinion or order relates to an opinion or order originally issued on May 4, 2022.
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.