At page 346 Suppression of identity and immigration records after illegal stop54 citing casesaffirming the district court and refusing to suppress evidence of identity obtained in an illegal traffic stop, concluding that “[e]ven if the [defendant was illegally stopped, neither his identity nor his INS file are suppressible
- United States v. Jose Luis Ortiz-Hernandez, 441 F.3d 1061 (9th Cir. 2006).published But see United States v. Bowley, 435 F.3d 426, 430-31 (3d Cir.2006) (citing Lopez-Mendoza and holding that a defendant's identity and immigration file are not suppressible); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.199…
- United States v. Gildardo Navarro-Diaz, 420 F.3d 581 (6th Cir. 2005).published (Even if the Defendant was illegally stopped, neither his identity nor his INS file are suppressible.)
- United States v. Ureste-Meza, No. 22-50580 (5th Cir. Mar. 20, 2023).unpublishedUnited States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999) (quoting INS v. Lopez-Medoza, 468 U.S. 1032, 1039 (1984)).
- United States v. De La Torre-Mercado, No. 22-50165 (5th Cir. Jan. 23, 2023).unpublishedSee United States v. Hernandez-Mandujano, 721 F.3d 345, 347, 351 (5th Cir. 2013); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999).
- United States v. Lara-Hidalgo, No. 21-50051 (5th Cir. Oct. 14, 2021).unpublished Lara-Hidalgo challenges the district court’s partial denial of his motion to suppress on appeal but concedes, as he did in the district court, that his argument is foreclosed by United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir…
- United States v. Enrique Lara, 714 F. App'x 432 (5th Cir. 2018).unpublished He concedes, however, as he did in the district court, that his argument is foreclosed by United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999), and he raises the issue to preserve it for further review.
- United States v. Juan Rodriguez, 672 F. App'x 451 (5th Cir. 2016).unpublishedSee United States v. Hernandez-Mandujano, 721 F.3d 345, 348, 351 (5th Cir. 2013); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999).
- United States v. Gerardo Montes-Nunez, 644 F. App'x 350 (5th Cir. 2016).unpublished See United States v. Hernandez-Mandujano, 721 F.3d 345, 351 (5th Cir.2013); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999).
- United States v. Melvin Avelar-Castro, 637 F. App'x 177 (5th Cir. 2016).unpublishedCiting United States v. Roque-Villanueva, the court ruled that even if, ar-guendo, a Fourth Amendment violation occurred, evidence establishing Avelar’s guilt (evidence of his identity), is not suppressible. 175 F.3d 345, 346 (5th Cir.1999…
- United States v. Avelar-Castro, 27 F. Supp. 3d 686 (E.D. La. 2014).published (affirming denial of defendant’s motion to suppress his identity and his immigration file where defendant was charged with illegal reentry)
Show 40 more citing cases
- Jose Pretzantzin v. Holder, No. 11-2867-ag (2d Cir. Sept. 16, 2013).publishedThe task then 9 is to discern the meaning of this statement that “has 10 bedeviled and divided our sister circuits.” United States 11 v. Oscar-Torres, 507 F.3d 224, 228 (4th Cir. 2007).6 For 12 the reasons that follow, we join the Fourth,…
- United States v. Jose Hernandez-Mandujano, 721 F.3d 345 (5th Cir. 2013).published Case: 12-30793 Document: 00512290210 Page: 2 Date Filed: 06/27/2013 No. 12-30793 Hernandez, we AFFIRM the judgment of the district court because “neither [Herandez’s] identity nor his INS file are [sic] suppressible.” United States v. Roqu…
- United States v. Rene Andrade-Rivera, 532 F. App'x 516 (5th Cir. 2013).unpublishedSee United States v. Herrera-Ochoa, 245 F.3d 495, 498 (5th Cir.2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999).
- Sandy Torres-Hernandez v. Eric Holder, Jr., 482 F. App'x 931 (5th Cir. 2012).unpublishedSee id. at 1043 , 104 S.Ct. 3479 ; United States v. Herrera-Ochoa, 245 F.3d 495 , 498 & n. 4 (5th Cir.2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999).
- United States v. Angeles, 863 F. Supp. 2d 106 (D. Mass. 2012).publishedSee United States v. Bowley, 435 F.3d 426, 430-31 (3d Cir.2006) (“[W]e doubt that the Court lightly used such a sweeping word as ‘never’ in deciding when identity may be suppressed as the fruit of an illegal search of arrest.”); United Sta…
- United States v. Juan Romo-De La Rosa, 463 F. App'x 239 (5th Cir. 2012).unpublishedE.g., United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999).
- United States v. Cervantes-Malagon, 457 F. App'x 364 (5th Cir. 2012).unpublishedSee United States v. Scroggins, 599 F.3d 433, 450 (5th Cir.2010); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999); see also United States v. Rodriguez-Castorena, 417 Fed.
- United States v. Dagoberto Rodriguez-Castorena, 417 F. App'x 409 (5th Cir. 2011).unpublishedSee United States v. Herrera-Ochoa, 245 F.3d 495, 498 (5th Cir.2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999); United States v. Pineda-Chinchilla, 712 F.2d 942, 944 (5th Cir.1983).
- People v. Tolentino, 926 N.E.2d 1212 (N.Y. 2010).published Federal circuit courts addressing this issue in the context of those suspected of illegally residing in the country have held that, when the police stop or seize a defendant, learn his or her name, and use that name to check preexisting go…
- United States v. Scroggins, 599 F.3d 433 (5th Cir. 2010).publishedIn United States v. Roque-Villanueva, 175 F.3d 345 (5th Cir.1999), we followed Pineda-Chinchilla and read the Supreme Court’s statement in Lopez-Mendoza broadly, holding that regardless of whether the defendant had been illegally stopped a…
- United States v. Alva-Barbosa, 317 F. App'x 422 (5th Cir. 2009).unpublishedSee United States v. Hemra-Ochoa, 245 F.3d 495, 498 (5th Cir.2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999); United States v. Pineda-Chinchilla, 712 F.2d 942, 944 (5th Cir.1983).
- United States v. Oscar-Torres, 507 F.3d 224 (4th Cir. 2007).publishedOscar-Torres argues instead that the Lopez-Mendoza “identity statement” merely reaffirms the well-established proposition that illegal police activity does not preclude a court from exercising personal jurisdiction over a defendant or serv…
- United States v. Hernandez-Reyes, 501 F. Supp. 2d 852 (W.D. Tex. 2007).published United States v. Baeza-Castillo, 72 Fed.Appx. 170 , 2003 WL 21976487 , at *1 (5th Cir.2003) (citing United States v. Herrera-Ochoa, 245 F.3d 495, 498 (5th Cir.2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999); Unit…
- United States v. Filimon Garcia-Beltran, 443 F.3d 1126 (9th Cir. 2006).publishedIn a case concerning 3849 an illegal alien stopped unlawfully by Border Patrol, the Fifth Circuit, in United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999), affirmed the district court’s denial of the defendant’s motion to su…
- United States v. Garcia-Beltran, No. 05-30434 (9th Cir. Apr. 5, 2006).publishedIn a case concerning 3850 UNITED STATES v. GARCIA-BELTRAN an illegal alien stopped unlawfully by Border Patrol, the Fifth Circuit, in United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999), affirmed the district court’s denia…
- United States v. Ortiz-Hernandez, No. 03-30355 (9th Cir. Mar. 30, 2006).publishedUtah Dec. 28, 2005); United States v. Olivares-Rangel, 324 F. Supp. 2d 1218, 1223-24 (D.N.M. 2004); United States v. Mendoza-Carrillo, 107 F. Supp. 2d 1098, 1105-07 (D.S.D. 2000); State v. Perkins, 760 So. 2d 85, 86-87 (Fla. 2000) (per cur…
- United States v. Ortiz-Hernandez, 427 F.3d 567 (9th Cir. 2005).published (affirming the district court and refusing to suppress evidence of identity obtained in an illegal traffic stop, concluding that “[e]ven if the [d]efendant was illegally stopped, neither his identity nor his INS file are…)
- United States v. Bowley, 46 V.I. 646 (D.V.I. 2005).publishedEd. 2d 778 , 104 S. Ct. 3479 (1984) and cases from the Fifth and Ninth Circuits interpreting Lopez-Mendoza — United States v. Guzman-Bruno, 27 F.3d 420 (9th Cir. 1994) and United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999…
- United States v. Lopez-Pocazo, 84 F. App'x 366 (5th Cir. 2003).unpublishedSee United States v. Herrerar-Ochoa, 245 F.3d 495 , 498 & n. 4 (5th Cir.2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999).
- United States v. Baeza-Castillo, 72 F. App'x 170 (5th Cir. 2003).unpublishedSee United States v. Herrera-Ochoa, 245 F.3d 495, 498 (5th Cir.2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999); United States v. Pineda-Chinchilla, 712 F.2d 942, 944 (5th Cir.1983).
- United States v. Esparza-Mendoza, 265 F. Supp. 2d 1254 (D. Utah 2003).publishedUnited States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999). 14 .
- United States v. Sanchez-Sanchez, No. 01-41253 (5th Cir. Aug. 28, 2002).unpublishedUnited States v. Herrera-Ochoa, 245 F.3d 495, 498-99 (5th Cir. 2001); United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999).
- United States v. Manuel Rodriguez-Arreola, 270 F.3d 611 (8th Cir. 2001).published United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999).
- United States v. Herrera-Ochoa, 245 F.3d 495 (5th Cir. 2001).published (stating that “a defendant’s INS file need not be suppressed because of an illegal arrest)
- United States v. Orozco-Gonzalez, No. 99-50850 (5th Cir. Aug. 24, 2000).unpublishedIn United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir. 1999), this court held that a Border Patrol agent’s illegal stop of a defendant did not mandate suppression of the defendant’s identity in a prosecution for illegal entry.
- Pretzantzin v. Holder, 736 F.3d 641 (2d Cir. 2013).publishedSee Oscar-Torres, 507 F.3d at 228 (comparing United States v. Olivares-Rangel, 458 F.3d 1104, 1106 (10th Cir.2006) (interpreting Lopez-Mendoza as merely reiterating long-standing jurisdictional rule), and United States v. Guevara-Martinez,…
- Jose Pretzantzin v. Holder, 725 F.3d 161 (2d Cir. 2013).publishedSee Oscar-Torres, 507 F.3d at 228 (comparing United States v. Olivares-Rangel, 458 F.3d 1104, 1106 (10th Cir.2006) (interpreting Lopez-Mendoza as merely reiterating long-standing jurisdictional rule), and United States v. Guevara-Martinez,…
- United States v. Martin Villa, 506 F. App'x 289 (5th Cir. 2013).unpublished(referencing INS v. Lopez-Mendoza, 468 U.S. 1032 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984))
- United States v. Silverio Salas-Avalos, 459 F. App'x 318 (5th Cir. 2012).unpublishedSee United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999).
- United States v. Sandoval-Vasquez, 519 F. Supp. 2d 198 (D. Mass. 2007).published (affirming the district court and refusing to suppress evidence of identity obtained in an illegal traffic stop, concluding that “[e]ven if the [defendant was illegally stopped, neither his identity nor his INS file are…)
- United States v. Juarez-Torres, 441 F. Supp. 2d 1108 (D.N.M. 2006).published See United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999); United States v. Guzman-Bruno, 27 F.3d 420, 421-22 (9th Cir.1994).
- United States v. Jose Luis Ortiz-Hernandez, United States of Am. v. Jose Luis Ortiz-Hernandez, United States of Am. v. Jose Luis Ortiz-Hernandez, 427 F.3d 567 (9th Cir. 2005).published(affirming the district court and refusing to suppress evidence of identity obtained in an illegal traffic stop, concluding that "[e]ven if the [d]efendant was illegally stopped, neither his identity nor his INS file are…)
- United States v. Limon-Soto, 115 F. App'x 417 (10th Cir. 2004).unpublished(relying on the Lopez-Mendoza identity proposition to conclude evidence of a defendant’s identity is not suppressible in a criminal proceeding even if he was illegally stopped)
- United States v. Olivares-Rangel, 324 F. Supp. 2d 1218 (D.N.M. 2004).publishedSee United States v. Roque-Villa- *1224 nueva, 175 F.3d 345, 346 (5th Cir.1999); United States v. Guzman-Bruno, 27 F.3d 420, 421-22 (9th Cir.1994).
- United States v. Rubio-Hernandez, 72 F. App'x 151 (5th Cir. 2003).unpublishedSee United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999).
- United States v. Alvarez-Becerra, 33 F. App'x 403 (10th Cir. 2002).unpublished See United States v. Roque-Villanueva, 175 F.3d 345, 346 (5th Cir.1999); United States v. Guzman-Bruno, 27 F.3d 420, 421-22 (9th Cir.1994).
- United States v. Contreras, No. 00-50458 (5th Cir. May 29, 2001).unpublished
- United States v. Rocha-Gonzalez, No. 00-51042 (5th Cir. Aug. 15, 2001).unpublished
- United States v. Martin Guevara-Martinez, Also Known as Jose Dias-Ibarra, 262 F.3d 751 (8th Cir. 2001).published
- United States v. Castillo-Cuevas, 105 F. App'x 511 (4th Cir. 2004).unpublished
Other citing cases
- United States v. White, 326 F.3d 1135 (10th Cir. 2003).published
v.
Mario ROQUE-VILLANUEVA, Defendant-Appellant
Mario Roque-Villaneuva (“Defendant”) appeals the district court’s denial of his motion to suppress. For the following reasons, we affirm.
BACKGROUND
Border Patrol Agent Nedia Correjo Gonzales (“Agent Gonzales”) stopped a car driven by the Defendant. As a result of the stop, federal authorities learned that the Defendant was a deported alien who had illegally reentered the United States. The Defendant was indicted for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Arguing that Agent Gonzales stopped him without reasonable suspicion or probable cause, the Defendant moved to suppress all evidence obtained as a result of the stop. The district court denied the motion, reasoning that the Defendant’s identity was not suppressible. The Defendant entered a conditional guilty plea, reserving his right to appeal the denial of his motion to suppress. The district court sentenced the Defendant to a 51 month term of imprisonment, to run concurrently with a 12 month sentence imposed in an earlier case. The Defendant appeals.
DISCUSSION
The Defendant contends that the district court erred by denying his motion to suppress because Agent Gonzales stopped him without reasonable suspicion or probable cause. We disagree. The district court did not err by refusing to suppress the Defendant’s identity. Even if the Defendant was illegally stopped, neither his identity nor his INS file are suppressible.
We have held that a defendant’s INS file need not be suppressed because of an illegal arrest. In United States v. Pineda-Chinchilla, 712 F.2d 942 (5th Cir.1983), the defendant, an illegal alien who had been previous deported, was charged with illegally reentering the United States in violation of 8 U.S.C. § 1326. Maintaining that his arrest was illegal, the defendant moved to suppress his INS file as the “fruit of the poisonous tree.” Pineda-Chinchilla, 712 F.2d at 943. The district court denied the defendant’s motion and he was convicted. We affirmed the denial of the defendant’s motion to suppress, holding that the defendant had no legitimate expectation of privacy in his INS file and, therefore, had no standing to challenge its introduction into evidence. See id. at 944.
Other courts have indicated that an individual’s identity is not suppressible. In I.N.S. v. Lopez-Mendoza, 468 U.S. 1032, 104 S.Ct. 3479, 82 L.Ed.2d 778 (1984), the respondent objected to being summoned to a civil deportation proceeding following his unlawful arrest. See id. at 3484. Rejecting the respondent’s argument, the Supreme Court stated that “[t]he ‘body’ or identity of a defendant or respondent in a criminal or civil proceeding is never itself suppressible as a fruit of an unlawful arrest.” Id. at 3483. In U.S. v. Guzman-Bruno, 27 F.3d 420 (9th Cir.1994), an alien convicted of illegally reentering the United States in violation of 8 U.S.C, § 1326 argued that the district court erred by refusing to suppress all evidence of his identity learned from his unlawful arrest. Affirming the conviction, the Ninth Circuit held that the “district court did not err when it held that neither [the defendant’s] identity nor the records of his previous convictions and deportations and convictions could be suppressed as a result of the illegal arrest.” Id. at 422.
CONCLUSION
We affirm the denial of the Defendant’s motion to suppress.
AFFIRMED