Tuesday, December 13, 2005

Motion to Suppress for undocumented in criminal court

According to the Immigration Professors Blog, in United States v. Atienzo, 2005 US Dist LEXIS 31652 (by district court judge Paul Cassell), a district court judge ruled that an undocumented immigrant (not previously deported for a felony) can be entitled to invoke the Fourth Amendment in a criminal case. The judge focused on the immigrant's ties to US society.

A more challenging topic is whether an immigrant can make a motion to suppress in immigration court, a topic discussed in another blog post.


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