Hoonsilapa v. Immigration & Naturalization Service, 77-1376

Decision Date20 November 1978
Docket NumberNo. 77-1376,77-1376
Citation586 F.2d 755
PartiesSomsak HOONSILAPA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.
CourtU.S. Court of Appeals — Ninth Circuit

Michael F. Eng (argued), Los Angeles, Cal., for petitioner.

Donna Fields Goldstein, Asst. U. S. Atty. (argued), Los Angeles, Cal., for respondent.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and KING, * District Judge.

The Opinion (575 F.2d 735) is modified by adding footnote 1a to the Opinion at Slip Opinion page 1640 (575 F.2d at page 738) line 3 of part III, following the words, "home in December, 1974, were illegal," as follows:

"1a We thus do not decide whether the exclusionary rule is applicable to proceedings before the Immigration & Naturalization Service."

* Honorable Samuel P. King, Chief Judge, United States District Court, District of Hawaii, sitting by designation.

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24 cases
  • Lopez-Mendoza v. INS
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • April 25, 1983
    ...and Naturalization Service, 588 F.2d 1274, 1278 (9th Cir.1979) (question expressly reserved); Hoonsilapa v. Immigration and Naturalization Service, 586 F.2d 755 (9th Cir.1978) (same). On the one occasion the Supreme Court has had to comment on the question, it stated in dictum that: "it may......
  • U.S. v. Juarez-Torres
    • United States
    • U.S. District Court — District of New Mexico
    • July 21, 2006
    ...of a man's identity.'" Guzman-Bruno, 27 F.3d at 421-22 (quoting Hoonsilapa v. INS, 575 F.2d 735, 738 (9th Cir.1978), modified by, 586 F.2d 755 (9th Cir.1978)). The foundation that the Ninth Circuit provided for this assertion was the Supreme Court's statement in Lopez-Mendoza. The Ninth Cir......
  • Tejeda-Mata v. Immigration and Naturalization Service
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 29, 1980
    ...and manner of entry. Hoonsilapa v. Immigration and Naturalization Service, 575 F.2d 735, 737 (9th Cir.), modified on other grounds, 586 F.2d 755 (1978); Trias-Hernandez v. Immigration and Naturalization Service, 528 F.2d at 370; 8 U.S.C. § 1361. By his refusal to either testify or offer evi......
  • US v. Aldana-Roldan
    • United States
    • U.S. District Court — Southern District of Florida
    • May 20, 1996
    ...arrest only leads to discovery of the man's identity." Hoonsilapa v. INS, 575 F.2d 735, 738 (9th Cir.) (Hoonsilapa), modified by, 586 F.2d 755 (9th Cir.1978). "The `body' or identity of a defendant ... is never itself suppressible as a fruit of an unlawful arrest." INS v. Lopez-Mendoza, 468......
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