United States Third Circuit

In the context of a criminal prosecution for illegal reentry, absent egregious violations of Fourth Amendment or other liberties that might transgress notions of fundamental fairness and undermine the probative value of the evidence obtained, the Fourth Amendment does not provide a basis for an alien to suppress his or her immigration file, or information in that file.

Appellate Information

• Argued 12/08/2005
• Decided 01/26/2006
• Published 01/26/2006

Judges

• McKEE, Circuit Judge., Before SCIRICA, Chief Judge, McKEE and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Anthony J. Jenkins, United States Attorney, District of the Virgin Islands, Kim L. Chisholm, Assistant United States Attorney, District of the Virgin Islands, Richard A. Friedman, (Argued), Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., for Appellant.


• For Appellees:
  
• Thurston T. McKelvin, Federal Public Defender, Patricia Schrader-Cooke, (Argued), Assistant Federal Public Defender, Charlotte Amalie, St. Thomas, Virgin Islands, for Appellee.