U.S. Court of Appeals for the Ninth Circuit, 1984

Lopez-Mendoza v. Immigration & Naturalization Service

Lopez-Mendoza v. Immigration & Naturalization Service
U.S. Court of Appeals for the Ninth Circuit · Decided July 27, 1984 · Alarcon, Browning, Can, Fletcher, Goodwin, Hug, Norris, Poole, Reinhardt, Wallace, Wright
738 F.2d 1067 (Federal Reporter, Second Series)

Counsel

Mary L. Heen, American Civil Liberties Union, New York City, Douglas P. Haffer, San Francisco, Cal., for Mendoza., John E. Huerta, Mexican American Legal Defense & Educational Fund, Los Angeles, Cal., for Sanchez., Karen Morrisette, Washington, D.C., James P. Morris, Atty., Dept, of Justice, Margaret J. Perry, Washington, D.C., for respondent.

Lopez-Mendoza v. Immigration & Naturalization Service

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Opinion of the Court

ORDER

By Order filed July 21, 1981, a majority of the full court ordered these cases reheard en banc pursuant to this Court’s Rule 25. The previous three-judge panel assignments were withdrawn.

These eases were taken en banc solely to consider whether application of the exclusionary rule should be extended to deportation proceedings. Subsequently, the United States Supreme Court reversed the decision of the en banc court in an opinion dated July 5, 1984, — U.S. -, 104 S.Ct. 3479, 82 L.Ed.2d 778.

These cases are remanded to their respective three-judge panels for resolution in light of the opinion of the Supreme Court.

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