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CA9 on Egregious 4th Amendment Violation: Sanchez v. Sessions

August 30, 2017 (1 min read)

Sanchez v. Sessions, Aug. 30, 2017 - "We grant Sanchez’s Petition for Review. We conclude that the Coast Guard officers committed an egregious Fourth Amendment violation and violated an immigration regulation because they seized Sanchez based on his Latino ethnicity alone. Thus, we hold that the IJ erred in failing to suppress the Form I-213, but do not reach the question of the Family Unity Benefits and Employment Authorization applications. Additionally, because Sanchez has shown that the Government violated its own regulation that is designed to benefit Sanchez, and that Sanchez was prejudiced by the violation, we hold that Sanchez’s removal proceedings must be terminated."

[Hats off to John Wolfgang Gehart (argued), Lourdes Barrera Haley, Elena Yampolsky, and Carlos Vellanoweth!]