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Immigration: Warrantless Entry – Exigent Circumstances – Due Process

Stephanie Maniscalco//April 26, 2013//

Immigration: Warrantless Entry – Exigent Circumstances – Due Process

Stephanie Maniscalco//April 26, 2013//

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 Where immigrants argued that officers from U.S. Immigration and Customs Enforcement violated their Fourth Amendment rights when they entered a home without a warrant because they heard people inside the home say not to open the door because “it was Immigration,” there was no egregious violation, and despite clear error in the judge’s and board’s treatment of the immigrant’s testimony, there was no prejudicial error.

Petition denied.

Carcamo v. Holder (MLW No. 64911/Case No. 11-3860 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.) Petition for review of an order of the Board of Immigration Appeals (Colin Flynn Peterson, Minneapolis, argued for appellant; Benjamin R. Casper and Rachel E.B. Long appeared on the brief) (Suzanne Nardone, Washington, D.C., argued for respondent).

Read the full text of this opinion. (PDF)

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