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Keywords

hearingaffidavitmotionfelonyseizure
appealhearingmotionfelonydue processdeportationrespondent

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Zuniga-Perez v. Sessions

Facts

Petitioners Juan Martin Zuniga-Perez and Elder Hernandez-Ocampo, citizens of Mexico residing in upstate New York, were arrested during a search of their residence by law enforcement officers executing a felony search warrant. The police entered the house while the petitioners were asleep, and despite not having consent to enter, they proceeded to question the petitioners about their immigration status after determining that the fugitive they were searching for was not present. The petitioners argued that the search violated their Fourth Amendment rights due to lack of a warrant, consent, or exigent circumstances.

Petitioners, citizens of Mexico residing in upstate New York, were arrested during a search of their residence by law enforcement officers purportedly looking for a criminal suspect pursuant to a 'felony search warrant.'

Issue

Whether the Immigration Judge should have held an evidentiary hearing regarding the petitioners' motion to suppress evidence obtained during the search of their residence.

The question presented is whether the IJ should have held an evidentiary hearing in light of the evidence submitted by petitioners.

Rule

The Fourth Amendment protects individuals from unreasonable searches and seizures, requiring a warrant or exigent circumstances for entry into a home. Additionally, law enforcement agents must act within the scope of the warrant issued.

The Constitution protects both citizens and non-citizens. Under the Fifth Amendment, an alien is entitled to due process of law in deportation proceedings.

Analysis

The court determined that the petitioners had made a sufficient showing of an egregious constitutional violation, as the search was conducted without a warrant, consent, or exigent circumstances. The involvement of Border Patrol agents and the targeting of Hispanic migrant workers raised concerns about racial profiling and the legality of the search. The court emphasized that the petitioners' affidavits warranted a suppression hearing to address these issues.

We hold that because petitioners made a sufficient showing of an egregious constitutional violation, they were entitled to a suppression hearing.

Conclusion

The court granted the petition, concluding that the search violated the petitioners' Fourth Amendment rights and that they were entitled to a suppression hearing.

We affirm the Immigration Judge's decision denying the respondents' motion to suppress evidence and ordering them removed.

Who won?

Petitioners Juan Martin Zuniga-Perez and Elder Hernandez-Ocampo prevailed in the case because the court found that their Fourth Amendment rights were violated, necessitating a suppression hearing.

Petitioners Juan Martin Zuniga-Perez and Elder Hernandez-Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the 'BIA') affirming a February 24, 2016, decision of an immigration judge (the 'IJ') denying — without a hearing — their motion to suppress evidence.

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