Ninth Circuit finds “egregious violation” by ICE

In August 2008, the Ninth Circuit found that ICE egregiously violated the Fourth Amendment by forcing their way into an immigrant’s home without a warrant, consent, or exigent circumstances during an investigation into the immigrant’s alleged fraudulent use of a birth certificate. ICE based their case on a tip. Upon entering the home, ICE handcuffed the residents and questioned them about their country of origin and obtained a confession from one of the women about the birth certificate. This case is a significant addition to the small number of cases post INS v. Lopez-Mendoz, 468 U.S. 1032 (1984) that permit the exclusionary remedy in removal proceedings based on an egregious fourth amendment violation and could be used to challenge the way that ICE has been executing home raids. Tthe full Lopez-Rodriguez v. Mukasey opinion is available on the web. 

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