The Ninth Circuit terminated removal proceedings against a petitioner who was seized by Coast Guard officials based solely on his Latino appearance. Because this was an egregious Fourth Amendment violation and a violation of immigration regulations designed to protected the petitioner from this type of racial profiling, the court determined that termination of proceedings was required. In light of the regulatory violation, the court declined to determine if the petitioner's previously submitted application for Family Unit benefits was independent evidence of alienage, finding that the violation of the regulation was grounds for termination, regardless of whether there was independent evidence of alienage.
The full text of Sanchez v. Sessions can be found here:
The Ninth Circuit issued an amended decision in this case on September 19, 2018. In it, the Court determined that even though the Coast Guard engaged in egregious violations of the Fourth Amendment, the immigration authorities would have discovered his alienage through his Family Unity benefits application. Nevertheless, the Court held that Mr. Sanchez may be entitled to termination of his removal proceedings without prejudice for egregious regulatory violations. The Court remanded his proceedings to the agency to determine if termination is appropriate. “Applying our test for termination without prejudice, we conclude that Sanchez has made a prima facie showing that the Coast Guard officers’ violation of § 287.8(b)(2) was conscience-shocking and therefore egregious.”
The full text of the amended opinion can be found here: