Felipe Cabral-Avila v. Immigration and Naturalization Service

589 F.2d 957 Felipe CABRAL-AVILA et al., Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 77-1626. United States Court of Appeals, Ninth Circuit. May 30, 1978. Rehearing Denied Aug. 31, 1978. Certiorari Denied Feb. 21, 1979. See 99 S.Ct. 1245 . Charles N. Bendes, of San Francisco Neighborhood Legal Ass't Foundation, San Francisco, Cal., for petitioners. Lawrence W. Chamblee, Atty., Dept. of Justice, Washington, D. C., for respondent. Petition for Review of an Order of The Immigration and Naturalization Service. Before HUFSTEDLER, SNEED, and KENNEDY, Circuit Judges. HUFSTEDLER, Circuit Judge: 1 Petitioners appeal from an order of the Board of Immigration Appeals, affirming the immigration judge's findings of deportability. Jurisdiction is founded on Section 106 of the Immigration and Nationality Act (8 U.S.C. § 1105a (1970)). 2 On May 20, 1976, Immigration and Naturalization Service investigators, Marquis and Reed, went to 2615 Lombard Street, San Jose, California, to check out information that they had received from two informants that illegal aliens resided at the address. The informants said that Felipe Cabral, Marylou Cabral, and Carlos Cabral lived…

Petitioners appeal from an order of the Board of Immigration Appeals, affirming the immigration judge’s findings of deport-ability. Jurisdiction is founded on Section 106 of the Immigration and Nationality Act (8 U.S.C. § 1105a (1970)).

On May 20, 1976, Immigration and Naturalization Service investigators, Marquis and Reed, went to 2615 Lombard Street, San Jose, California, to check out information that they had received from two informants that illegal aliens resided at the address. The informants said that Felipe Cabral, Marylou Cabral, and Carlos Cabral lived at the address. In addition to those names, the informants supplied the investigators with the Social Security number of one of the subjects.

The officers knocked at the door, but were kept waiting for some time. Sylvia Cabral, a daughter of Felipe and Lucrecia Cabral, answered the door. She denied that anyone else was in the house, but officers had earlier observed that two individuals were hiding beneath the house. Petitioners were placed under arrest and statements were made to the officers which were recorded on 1-213 forms (Record of Deporta-ble Alien), after the two had been coaxed from beneath the house.

At their…

concurring:

I concur. This opinion does not hold, directly or by implication, that the exclusionary rule for illegally-seized evidence applies in a deportation proceeding. That question is not presented here.