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Media Alerts - Martinez Carcamo v. Holder - 8th Circuit
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May 15, 2013
  Martinez Carcamo v. Holder - 8th Circuit
Headline Eighth Circuit panel denies petition to suppress evidence

Area of Law Fourth Amendment

Issue(s) Presented Whether evidence seized in a warrantless entry to a trailer home during an immigration enforcement raid should have been suppressed in subsequent proceedings to remove the Petitioners from the United States

Brief Summary U.S. Immigration and Customs Enforcement (ICE) agents entered the trailer of Petitioners Juan Martinez Carcamo and Roberto Garcia Nunez. The agents did not have a warrant. They claimed to have consent of the Petitioners, which the Petitioners denied. During the raid, the agents seized Petitioners' passports. These did not evidence legal entry into the country.

The Immigration Judge rejected Petitioners' motion to suppress the passports. The Board of Immigration Appeals affirmed. A panel of the Eighth Circuit affirmed because, although it was concerned about the ICE officers' alleged actions, the narrow scope of review under 8 U.S.C. ยง 1252(b)(4) required denial of the petition.

The Eighth Circuit assumed for purposes of its opinion that the Fourth Amendment applies to illegal aliens within the United States. The panel then concluded that suppression of the passports required the alleged Fourth Amendment violation to be either egregious or widespread. The panel ruled that the seizure of the passports was not egregious because the mere fact that the seizure took place in a home was not enough, there was no evidence that the agents targeted Petitioners for their race, and the agents' state of mind was not relevant. Moreover, there was no record establishing widespread violations.

The full text of the opinion may be found at

Panel Circuit Chief Judge Riley and Circuit Judges Colloton and Gruender

Argument Date October 16, 2012

Date of Issued Opinion April 19, 2013

Docket Number 11-3860

Decided Petition denied

Counsel Colin Flynn Peterson, for Petitioners Martinez Carcamo, et al; Suzanne Nardone, for Respondent Holder

Author Circuit Chief Judge Riley

Case Alert Circuit Supervisor Bradley G. Clary, Clinical Professor of Law, University of Minnesota Law School

    Posted By: Bradley Clary @ 05/15/2013 04:12 PM     8th Circuit  

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