The appellant pled guilty to unlawful re-entry but reserved his right to appeal the motion to suppress the evidence from a traffic stop by U.S. Border Patrol agents near Lake Charles, Louisiana. Although the agents lacked reasonable suspicion and violated the Fourth Amendment when they stopped the appellant given the distance from the nearest U.S. - Mexico border crossing, his own statement in which he admitted he was a Mexican citizen unlawfully present in the United States was the basis of his conviction and sentence. An alien's INS file and identity are not suppressible. The judgment of the district court denying the motion to suppress is affirmed.
United States v. Hernandez-Mandujano
July 2, 2013