Luz Lopez-Rodriguez v. Mukasey

536 F.3d 1012 (9th Cir. 2008)

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Nature of the Case

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Facts

INS received a tip that a female by the name of Fabiola was fraudulently using a birth certificate belonging to Sugeyra Torres-Carillo, a citizen of the United States, to obtain employment. INS received a tip that a female by the name of Fabiola was fraudulently using a birth certificate belonging to Sugeyra Torres-Carillo, a citizen of the United States, to obtain employment. The tip included a specified address in Fresno, California where Ps live. Three INS agents visited the residence. They did not obtain an arrest or search warrant prior to conducting their visit. The IJ found that the agents entered without consent. Once inside, the three agents questioned Fabiola. They asked her whether she was 'Sugeyra.' She answered that she was. They asked her to provide the names of her parents. She complied. They asked her where she had been born, and she responded that she was born in Texas. They asked where in Texas she was born, and she did not reply. They asked, 'Who is Fabiola?' She said she was Fabiola. They immediately handcuffed her. The agents also arrested Lopez on suspicion of being an alien unlawfully present in the United States. Ps were questioned about their country of origin and immigration status in the United States. Fabiola admitted that she had received a birth certificate in the name of Sugeyra from a 43-year-old foreman, Francisco Lopez-Fuentes (Fuentes), who had supervised her when she worked in the fields. Fuentes did not ask Fabiola for any money in exchange for the birth certificate. the INS agents prepared individual Forms I-213, Record of Deportable/Inadmissible Aliens, for Ps. At their removal proceedings, Ps moved to suppress the Forms I-213 as well as Fabiola's sworn statement. They asserted that they did not consent to the INS agents' entry into their home. Ps claimed that they did not allow the agents to enter. Ps testified that the two men pushed the door and entered, accompanied by a third, female agent. Once inside, the agents proceeded to interrogate them. D did not produce any of the three agents involved in the raid. The IJ determined that the violations were not 'so egregious as to fall under the [']fundamentally unfair['] line of cases that would suppress these events.' She denied the motion to suppress and ordered Ps removed. Ps appealed to the BIA which affirmed the decision. Ps appealed.