Perez Cruz v. Barr

United States Immigration and Customs Enforcement (ICE) received a tip that a manufacturing company employed large numbers of undocumented immigrants. ICE agents obtained a search warrant for employment-related documents at the company’s factory, in addition to criminal complaints and arrest warrants for eight specific employees. Internal ICE documents stated that the agency intended to raid the factory to conduct the search warrant and expected to make up to 200 arrests. In preparation for the raid, ICE prepared several buses and vans to transport potential detainees and 200 beds in agency detention facilities. ICE executed the factory raid, blocking all exits and preventing workers from leaving or contacting outside individuals via phone. Among the workers was Gregorio Perez Cruz (plaintiff), a Mexican citizen who had entered the country without inspection. The ICE agents ordered the workers to form two lines, one for workers with work-authorization documents and one for those without. Perez Cruz refused to join a line. ICE agents patted down, handcuffed, and questioned Perez Cruz and the workers without work authorizations. At some point during his detention, Perez Cruz told the ICE agents that he did not have lawful immigration status. One hundred thirty detainees were taken to a detention facility, and after multiple interrogations, Perez Cruz was released. Removal proceedings were initiated for Perez Cruz based on his statements during the raid and evidence procured by ICE using information from Perez Cruz’s questioning. Perez Cruz moved to terminate the proceedings or suppress the gathered evidence, claiming that his arrest and interrogation violated federal regulations and the Fourth Amendment. The immigration judge terminated the proceedings on other grounds, and the government (defendant) appealed to the Board of Immigration Appeals (board), which reversed. Perez Cruz appealed to the Ninth Circuit.