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Administrative Law Keyed to Popper
Blackie’s House of Beef, Inc. v. Castillo
Citation:
659 F.2d 1211 (1981)Facts
In 1976, the INS began receiving information that Blackie’s House of Beef restaurant in Washington, D.C. was employing illegal aliens. This information came from multiple sources, including sworn statements from apprehended illegal aliens who had worked at Blackie’s, anonymous telephone calls, and wage statements from Blackie’s found on apprehended illegal aliens. After the owner of Blackie’s, Ulysses “Blackie” Auger, repeatedly refused INS requests to enter the restaurant to question suspected illegal aliens, the INS sought and obtained a search warrant on March 27, 1978. This warrant was issued on a standard criminal form under Rule 41, with modifications to indicate that “persons” rather than “property” were being sought. On March 30, 1978, INS agents executed this warrant during the dinner hour, seizing 15 employees, at least 10 of whom proved to be illegal aliens. Blackie’s filed suit challenging this warrant, and the District Court ruled it invalid. The INS later obtained a second warrant on November 16, 1978, this time specifically styled as an administrative warrant under the Immigration and Nationality Act. This warrant authorized a search for “persons believed to be aliens in the United States without legal authority.” INS agents executed this warrant on November 17, 1978, conducting a 23-minute search that resulted in the removal of 14 suspected illegal aliens. Blackie’s again filed suit, and the District Court again ruled the warrant invalid, this time for failing to particularly describe each alien sought.
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