illegal-entry
11 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6640 | Juan Carlos Bejar-Guizar v. United States | Ninth Circuit | 2026-01-21 | Pending | Response WaivedIFP | border-patrol fourth-amendment illegal-entry reasonable-suspicion search-and-seizure totality-of-circumstances | Whether a court assessing the existence of reasonable suspicion under the Fourth Amendment may exclude facts that show a likelihood of innocent behavi… |
| 24-7228 | Eric Corder v. United States | Seventh Circuit | 2025-05-16 | Denied | Response WaivedIFP | consent curtilage evidence-gathering fourth-amendment illegal-entry implied-license | Whether government agents have an implied license to enter the curtilage of the home that is fenced and gated off thereby inaccessible to the public t… |
| 24-6922 | Lorenzo Vazquez-Alba v. United States | Fifth Circuit | 2025-04-03 | Denied | Response WaivedIFP | federal-criminal-law illegal-entry immigration-law judicial-procedure sentencing statutory-interpretation | Did the district court properly enter judgment under both 8 U.S.C. § 1326(a) and (b)(2)? |
| 24-6518 | Martin Vera-Rivas v. United States | Ninth Circuit | 2025-02-10 | Denied | Response WaivedIFP | border-patrol border-proximity corpus-delicti criminal-conduct illegal-entry suspicion-of-crime | Does mere proximity to the border corroborate the criminal conduct at the core of illegal entry, thereby defeating a corpus delicti defense? |
| 22-5547 | Seneca Loyal Neal v. United States | Ninth Circuit | 2022-09-12 | Denied | Response WaivedIFP | 4th-amendment body-camera-evidence constitutional-rights credibility-of-witnesses drug-conspiracy exclusionary-rule illegal-entry illegal-search-and-seizure ineffective-assistance-of-counsel prejudice section-2255-motion | Whether the Court of Appeals for the Ninth Circuit erred in affirming the District Court's denial of Mr. Neal's 28 USC 2255 claim, where the District … |
| 21-42 | Sylvia Black v. Peace Officer Christine Vitello, et al. | Second Circuit | 2021-07-13 | Denied | civil-procedure civil-rights due-process fourth-amendment illegal-entry judicial-authorization law-enforcement-misconduct search-and-seizure standing warrant-forgery | Where Peace Officers violated Plaintiffs Fourth Amendment Rights by Forging Judge Hannah's Signature on a Warrant that allowed Erie County Offices to … | |
| 19-6334 | Ignacio Arellano-Banuelos v. United States | Fifth Circuit | 2019-10-22 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-law due-process federal-jurisdiction illegal-entry immigration-law jurisdiction removal-proceedings statutory-interpretation | Whether an alien may be "found" within the meaning of 8 U.S.C. §1326 before immigration authorities achieve actual knowledge of his or her actual pres… |
| 19-5440 | Lena McCollum v. Hubert Peterkin, et al. | Fourth Circuit | 2019-08-06 | Denied | Response WaivedIFP | accrual civil-procedure civil-rights concealment constitutional-rights due-process executive-knowledge illegal-entry law-enforcement procedural-violation search-and-seizure search-warrant standing | CAUSE FOR THE EVENT, WHOSE WRONGDOING WAS CONCEALED AND UNACCESSIBLE UNIL A LATER TIME ME T WI E NEE T I UNTIL A LATER PERIOD IN TIME ? |
| 19-5279 | Miguel Esparza-Salazar v. United States | Fifth Circuit | 2019-07-22 | Denied | Response WaivedIFP | almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum | This case presents the issue of whether a criminal defendant charged with illegal entry, pursuant to 8 U.S.C. § 1326(b)(1) and (2), is entitled to not… |
| 18-7103 | Rene Garcia-Montejo, aka Bibian Garcia-Montejo v. United States | Fifth Circuit | 2018-12-19 | Denied | Response WaivedIFP | constitutional-law criminal-law due-process found-in-doctrine illegal-entry immigration-authorities immigration-law official-restraint official-restraint-doctrine statutory-interpretation surveillance | 1. Whether the "official restraint" doctrine precludes the possibility that that a defendant can be illegally "found in" the United States, for purpos… |
| 18-5927 | J. A. v. New Jersey | New Jersey | 2018-09-10 | Denied | Response WaivedIFP | attenuation coolidge-v-new-hampshire fourth-amendment fourth-amendment-search fruit-of-the-poisonous-tree illegal-entry lustig-v-united-states probable-cause reasonable-foreseeability search-and-seizure state-action | I. DID A SEARCH INVOLVE STATE ACTION UNDER THE FOURTH AMENDMENT WHERE POLICE OFFICERS ENTERED A HOME ILLEGALLY, AN OFFICER THERE TOLD A N INQUIRING CI… |