No. 22-7269

Melchor Karl T. Limpin v. Robert B. C. McSeveney, Judge, United States Immigration Court, et al.

Lower Court: Ninth Circuit
Docketed: 2023-04-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process equal-protection fifth-amendment fourth-amendment immigration immigration-law probable-cause warrant-clause
Key Terms:
Immigration
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether the statute 8 U.S.C. § 1226(a) is constitutionally impermissible under the Fourth and Fifth Amendment equal protection clause

Question Presented (from Petition)

QUESTIONS PRESENTED (1) Whether the statute 8 U.S.C. § 1226(a) (“On a warrant issued by the Attorney General, an alien may be arrested...”) is constitutionally impermissible under the Fourth and Fifth Amendment equal protection clause because the executive branch of government does not have probable cause to make an arrest, neither may issue an arrest warrant without probable cause, where a lawful . permanent resident’s deportation proceeding is purely a civil action and it is not a : crime for a removal alien to remain in the United States, See Arizona v. United States, 132 S.Ct. 2492, 2496 (2012) (“As a general rule, it is not a crime for a removable alien to remain in the United States.”)? (2) Whether the statute and regulation, see 8 U.S.C. § 1226(a) and 8 C.F.R. § 287.5(e)(2) that authorizes and delegates a federal cop or Immigration and Customs Enforcement (“ICE”) federal officer Porter (with badge #: K3187), to solely issue an ICE arrest warrant, who is also the same person involved in investigating and determining the government’s probable cause to arrest (i.e., _ deportable charges)— is constitutionally impermissible under the Fourth ’ Amendment Warrant Clause because the warrant was not issued by a “neutral person” detached from police investigation and prosecution, where an independent judgment is required under the Fourth Amendment for purposes of clearly established law of warrants, See Shadwick v. City of Tampa, 407 U.S. 345, 350 (1972) (“The warrant traditionally has represented an independent assurance that a search and arrest will not proceed without probable cause . . . . Thus, an issuing magistrate must .. . be neutral and detached.”)? (3) Whether the statute and regulation, 8 U.S.C. § 1226(a) and 8 C_F.R. § 287.5(e)(2) — is constitutionally impermissible under the Fifth Amendment because such statute and regulation authorizes and delegates a federal cop or ICE ii . officer Porter (with badge #: K3187), to solely issue the ICE arrest warrant without an independent judgment and neither a neutral person detached from police investigations and prosecution and thus, petitioner was invidiously discriminated with his liberty taken away, and deprived of Fifth Amendment rights that ; guarantees “equal protection of the laws” provided by the Fourth Amendment . Warrant Clause under: (1) Bivens v. Six Unknown Fed. Narcotics Agents, 403 US 388 (1971) and (2) Davis v. Passman, 442 US 228, 234 (1979) (“In numerous ; decisions, this Court “has held that the Due Process Clause of the Fifth Amendment forbids the Federal Government to deny equal protection of the laws”)? iii

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-01
Waiver of right of respondents McSeveney, Robert, et al. to respond filed.
2023-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)

Attorneys

McSeveney, Robert, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Melchor Limpin
Melchor Karl T. Limpin — Petitioner
Melchor Karl T. Limpin — Petitioner