The Exclusionary Rule in Immigration Proceedings: Where It Was, Where It Is, Where It May Be GoingFaculty Publications
AbstractThe case alerted me to the continuing issue concerning the treatment of alleged violations of Fourth Amendment rights in immigration court, with this article the result of research conducted relating thereto. Beyond reviewing the relevant views of the federal courts of appeals; the administrative tribunal that handles appeals of immigration court cases, the Board of Immigration Appeals (BIA); and even local immigration courts; I consider whether the jurisprudence has remained static since the Supreme Court's watershed opinion on the issue about twenty-five years ago. I also offer suggestions as to how to effectively, fairly, and efficiently resolve the issues raised in the immigration context by these Fourth Amendment cases.
Citation InformationIrene Scharf, The Exclusionary Rule in Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, 12 San Diego Int'l L. J. 53 (2010).