Article Title

The Exclusionary Rule in Immigration Proceedings: Where it Was, Where it Is, Where it May be Going

Authors

Irene Scharf

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

http://id.loc.gov/authorities/names/n88157098.html

Document Type

Article

Abstract

The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.

Recommended Citation

Irene Scharf, The Exclusionary Rule in Immigration Proceedings: Where it Was, Where it Is, Where it May be Going, 12 San Diego Int'l L.J. 53 (2010)
Available at: https://digital.sandiego.edu/ilj/vol12/iss1/4