Filed: Apr. 28, 2020
Latest Update: Apr. 28, 2020
Summary: FILED NOT FOR PUBLICATION APR 28 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDGAR CHAVEZ-REYES, AKA Walter No. 15-70607 Estrada-Espinoza, Agency No. A095-748-856 Petitioner, v. WILLIAM P. BARR, Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2020** Pasadena, California Before: W. FLETCHER and LEE, Circuit Judges, and SETTLE,*** District Judge. Immigratio
Summary: FILED NOT FOR PUBLICATION APR 28 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDGAR CHAVEZ-REYES, AKA Walter No. 15-70607 Estrada-Espinoza, Agency No. A095-748-856 Petitioner, v. WILLIAM P. BARR, Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2020** Pasadena, California Before: W. FLETCHER and LEE, Circuit Judges, and SETTLE,*** District Judge. Immigration..
More
FILED
NOT FOR PUBLICATION
APR 28 2020
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGAR CHAVEZ-REYES, AKA Walter No. 15-70607
Estrada-Espinoza,
Agency No. A095-748-856
Petitioner,
v.
WILLIAM P. BARR, Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2020**
Pasadena, California
Before: W. FLETCHER and LEE, Circuit Judges, and SETTLE,*** District Judge.
Immigration and Customs Enforcement agents arrested Edgar Chavez-Reyes
during a raid on the factory where he worked. He sought to suppress all evidence
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Benjamin H. Settle, United States District Judge for
the Western District of Washington, sitting by designation.
obtained as a result of his detention at the factory and to terminate the removal
proceedings against him. The immigration judge denied relief, the Board of
Immigration Appeals dismissed his appeal, and he petitioned for review. We grant
the petition.
We recently granted a petition seeking to suppress evidence from the same
workplace raid in Perez Cruz v. Barr,
926 F.3d 1128 (9th Cir. 2019). We held that
ICE agents had “carr[ied] out preplanned mass detentions, interrogations, and
arrests at the factory, without individualized reasonable suspicion” in violation of 8
C.F.R. § 287.8(b)(2).
Id. at 1133. Because compliance with 8 C.F.R.
§ 287.8(b)(2) is mandated by the Constitution, we held that the regulatory violation
was prejudicial and that the petitioner was “entitled to suppression of the evidence
gathered as a result of that violation.”
Id. at 1146.
Our analysis in Perez Cruz controls this case. ICE agents detained Chavez-
Reyes in the same workplace raid under nearly identical circumstances. Chavez-
Reyes made the statements that the government contends gave rise to reasonable
suspicion to detain him only after he was unlawfully detained. On these facts,
suppression and termination are warranted. See
id. at 1145–46; Sanchez v.
Sessions,
904 F.3d 643, 655 (9th Cir. 2018).
2
After we decided Perez Cruz, the government asked us to remand this case
so that it could determine in the first instance whether other, untainted record
evidence could independently establish Chavez-Reyes’s alienage. Remand is
unnecessary. The only other evidence the government points to here is a Form
WR-424, which merely restates information obtained from an arrest, and an entry
from the Mexican Unique Population Registry Code (“CURP”), which identifies a
person with Chavez-Reyes’s name and date of birth as a Mexican national. We
hold that the CURP entry is a fruit of the unlawful detention and is suppressible as
“evidence . . . pertaining to alienage.” Perez
Cruz, 926 F.3d at 1136 (quoting
Lopez-Rodriguez v. Mukasey,
536 F.3d 1012, 1015 n.5 (9th Cir. 2008)); see
id. at
1146 (holding that a birth certificate obtained following unlawful detention should
have been suppressed). The government’s Motion to Remand (ECF No. 32) is
therefore DENIED.
PETITION GRANTED.
3