Does the Fourth Amendment's exclusionary rule apply to immigration proceedings?

MultiRegion, United States of America

The following excerpt is from B.R. v. Garland, 19-70386 (9th Cir. 2021):

"As a general matter, the Fourth Amendment's exclusionary rule does not apply to immigration proceedings." Perez Cruz v. Barr, 926 F.3d 1128, 1137 (9th Cir. 2019). "There are, however, two critical exceptions to this rule: (1) when the agency violates a regulation promulgated for the benefit of petitioners and that violation prejudices the petitioner's protected interests; and (2) when the agency egregiously violates a petitioner's Fourth Amendment rights." Sanchez, 904 F.3d at 649 (internal citations omitted).

Other Questions


Does the exclusionary rule of the Fourth Amendment apply to the Fifth Amendment? (MultiRegion, United States of America)
Does the exclusionary rule of the Fourth Amendment apply to civil deportation proceedings? (MultiRegion, United States of America)
Does the Fourth Amendment exclusionary rule apply in civil deportation proceedings? (MultiRegion, United States of America)
Does the exclusionary rule apply in the context of physical evidence seized in violation of the Fourth Amendment? (MultiRegion, United States of America)
Does the "good faith" exception to the fourth amendment's exclusionary rule apply to this case? (MultiRegion, United States of America)
Does the exclusionary rule apply to every Fourth Amendment violation? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
Does the exclusionary rule apply to every Fourth Amendment violation? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry? (MultiRegion, United States of America)
Does the exclusionary rule of the Fourth Amendment apply to the federal courts? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.