Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
Reentry Conviction Affirmed
In US v. Quintana, No. 09-2749, the court affirmed defendant's conviction for re-entry by a deported alien following an aggravated felony conviction, holding that 1) the district court did not abuse its discretion, much less commit plain error, in relying on an officer's affidavit without a hearing; 2) the Border Patrol made a sufficient showing of probable cause to believe that defendant was a deportable alien; and 3) the government did not need to prove that use of the IAFIS/IDENT system was the quickest means of investigation reasonably available to determine whether defendant was in the country illegally.
As the court wrote: "Fidel Diaz-Quintana conditionally pleaded guilty to re-entry by a deported alien following an aggravated felony conviction. See 8 U.S.C. § 1326(a) & (b)(2). Diaz-Quintana appeals the district court's denial of his motion to suppress, arguing that his
lengthy detention following a traffic stop violated the Fourth Amendment because immigration officials may only "briefly detain [an alien] for questioning" when they have reasonable suspicion that he is illegally in the United States."
Related Resources
Sign into your Legal Forms and Services account to manage your estate planning documents.
Sign InCreate an account allows to take advantage of these benefits: