I. The Fifth Circuit erred in holding that a driver's gender may be a factor in the U.S. Border Patrol's decision to stop and search the person's vehicle and that the use of gender as a factor in the traffic stop and search does not violate due process.

II. The Fifth Circuit erred in holding that a driver's gender may be a factor in the U.S. Border Patrol's decision to stop and search the person's vehicle and that the use of gender as a factor in the traffic stop and search does not violate the fourth amendment's protection against unreasonable searches and seizures.

Whether the Fifth Circuit erred in holding that a driver's gender may be a factor in the U.S. Border Patrol's decision to stop and search the person's vehicle and that the use of gender as a factor in the traffic stop and search does not violate due process