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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Immigration: Removal – Exclusionary Rule – Alienage Evidence

Immigration: Removal – Exclusionary Rule – Alienage Evidence

Where an immigrant from Mexico argued for the exclusion of evidence of his alienage because the evidence was unconstitutionally obtained, the evidence was admissible and sufficient to establish the immigrant’s alienage and removability because the exclusionary rule has been held to be inapplicable to civil deportation proceedings, and even if a search and seizure in this case constituted a Fourth Amendment violation, any violation was not egregious.

Petition denied.

Garcia-Torres v. Holder (MLW No. 62911/Case No. 10-2307 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Nelson, D.J.) Petition for review of an order of the Board of Immigration Appeals (Steven Kenneth Wichmer, St. Louis, for petitioner; Timothy E. Wichmer appeared on the brief) (Laura Halliday Hickein, Washington, D.C., for respondent).

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