Legal Opinion

Mario Gonzalez-Rivera v. Immigration & Naturalization Service

Court of Appeals for the Ninth Circuit

Decided April 28, 1994No. 92-70492PublishedCited by 97 opinions

1Opinion of the Court

Opinion by Judge D.W. NELSON; Concurrence by Senior Judge TANG, Partial Dissent by Judge CHOY.

D.W. NELSON, Circuit Judge:

OVERVIEW

Mario Gonzalez-Rivera (Gonzalez) petitions this Court to review the Board of Immigration Appeal’s (BIA) reversal of the decision by the Immigration Judge (IJ). The IJ found that the Border Patrol officers had stopped Gonzalez based solely on his Hispanic appearance in violation of the Fourth Amendment. The IJ further concluded that stopping Gonzalez solely because of his Hispanic appearance was a bad faith Fourth Amendment violation and consequently an egregious…

2Cases cited35 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. United States v. LeonSupreme Court of the United States · 1984
  3. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  4. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  5. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977

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3Cited by97 opinions

  1. United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-GuillenCourt of Appeals for the Ninth Circuit · 2000
  2. Ferris v. StateCourt of Appeals of Maryland · 1999
  3. Jacob Ikperha Orhorhaghe v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  4. Daniel Salvador Hernandez-Guadarrama v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  5. Werquely Jeanini Almeida-Amaral v. Alberto Gonzales, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2006

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