Latest Case: Mendoza-Flores v. Rosen (Immigration Law)

Can a Misdemeanor Count as an “Emergency” for Purposes of Skipping the Warrant?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a case currently before the U.S. Supreme Court that presents the question whether the exigent circumstances exception to the warrant requirement applies when the suspect may have committed a misdemeanor, as opposed to a more serious crime. Colb argues that if the Court believes that a misdemeanor (or a particular misdemeanor) is not important enough to justify the invasion of a person’s home, then it ought perhaps to hold that the police officer in the present should not have entered the suspect’s home, period, with or without a warrant.

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Mendoza-Flores v. Rosen

Docket: 19-60225

Opinion Date: December 29, 2020

Judge: Stephen Andrew Higginson

Areas of Law: Immigration Law

The Fifth Circuit dismissed as moot a petition for review of the BIA's decision affirming petitioner's motions for continuance pending resolution of his T visa application, withholding of removal under the Immigration and Nationality Act (INA), and deferral of removal under the Convention Against Torture, as well as the BIA's dismissal of his appeal. After the BIA's decision, petitioner's T visa application was denied and he was removed to Mexico. The court dismissed the petition as moot because the court can no longer grant petitioner any effectual relief. The court reasoned that, even if it decided that the BIA erred in denying petitioner withholding of removal, he would still be subject to the February 2012 removal order and thus inadmissible to the United States. Furthermore, in his supplemental letter, petitioner identifies no collateral legal consequence from the denial of withholding.