Contreras-Zamora

MEMORANDUM *

Juan Manuel Contreras-Zamora (“Contreras”) was convicted of unlawful reentry into the United States following deportation, in violation of 18 U.S.C. § 1326 . He appeals the district court’s denial of his motion to suppress evidence related to his identity that he alleges was obtained as the result of the unlawful entry of his *454 home by three sheriffs deputies, and his subsequent thirty-minute detention in his bedroom by the deputies. In the district court, the prosecution did not defend the legality of the deputies’ warrantless entry of Contreras’s residence, but contended that because the challenged evidence related to Contreras’s identity, it could not, as a matter of law, be suppressed.

Contreras seeks the suppression of two types of evidence. First, he argues that his identity itself should be suppressed. The Supreme Court has held that “[t]he ‘body’ or identity of a defendant or respondent in a criminal or civil proceeding is never itself suppressible as a fruit of an unlawful arrest, even if it is conceded that an unlawful arrest, search, or interrogation occurred.” INS v. Lopez-Mendoza, 468 U.S. 1032, 1040 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984). Second,…