According to a story published in the Los Angeles Times, a federal appeals court has cancelled the deportation order for a man who was unlawfully detained in a 2008 ICE raid at a Los Angeles manufacturing worksite. A three-member panel of the Ninth Circuit Court of Appeals determined that federal immigration officers violated U.S. law in carrying out the raid. Below, our immigration lawyer explains the decision from the appeals court. You can read the ruling in its entirety: Gregorio Perez Cruz v. William Barr.
Deportation Order Cancelled — Unlawful Detention
The Background
In March 2006, someone sent an anonymous tip to U.S. Immigration and Customs Enforcement (ICE). According to information included in the tip, Micro Solutions Enterprises (MSE), a Los Angeles-based manufacturer, was employing hundreds of undocumented immigrants at a factory. Two years later, ICE used this tip as justification to raid the company’s Van Nuys facility.
In carrying out the operation, ICE used more than 100 armed agents. Gregorio Perez Cruz, a native of Mexico, was arrested and detained as part of this raid. He was taken to a detention facility by agents, questioned, held overnight, and then released. A month later, Mr. Perez Cruz received a Notice to Appear (NTA). The Form I-213 included an answer he gave while detained by ICE — among other things, indicating that he had been brought to the U.S. by his parents.
The Legal Issue
The core legal issue at stake, in this case, is the procedures federal immigration officers used to carry out this massive raid. Using the anonymous tip, ICE obtained a judicial warrant to access and search employment records held at the Micro Solutions Enterprises factory in Los Angeles. However, it is clear that ICE always planned to carry out a far more extensive raid. Not only did ICE agents use more than 100 heavily armed agents, but they pre-planned to detain more than 100 workers. Notably, ICE agents never read Mr. Perez Cruz his legal rights.
The Remedy
Upon reviewing the case, the Ninth Circuit Court of Appeals determined that ICE agents violated federal law in the raid and the arrest of Gregorio Perez Cruz and other similarly situated workers. As noted by the three-judge panel in its decision, federal immigration officers do not have the right to detain and interrogate immigrants “without individualized suspicion”.
Mr. Perez Cruz was able to present compelling evidence that established that ICE went far beyond its initial search warrant. As his Fourth Amendment rights were violated, the evidence gathered against him must be suppressed. The appeals court granted his petition to dismiss the removal proceedings.
Discuss Your Case With a Deportation Lawyer Now
At the Goldstein Immigration Lawyers, we offer aggressive representation for immigrants. If you or your loved one is facing deportation in Southern California, our legal team is here to help. To set up a completely confidential immigration consultation, please reach out to our Los Angeles law office right away.
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