NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ Nos. 17-2146 & 17-3130 ________________ ISIDRO AGUILAR LOPEZ, a/k/a Raul Osorio, a/k/a Fernando Orosco-Solo a/k/a Amilcar De Leon, a/k/a Andres Perez-Lopez, a/k/a Ebi Hernandez Ramirez, a/k/a Gerardo Perez, a/k/a Rene Lopez-Ramirez, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ________________ On Petition for Review of an Order of the Department of Homeland Security (Agency Nos. A097-698-697 & A209-452-646) ________________ Argued on July 11, 2018 Before: SHWARTZ, ROTH and RENDELL, Circuit Judges (Opinion filed: December 19, 2018) Jonah B. Eaton (Argued) Christopher P. Setz-Kelly (Argued) Nationalities Service Center 1216 Arch Street 4th Floor Philadelphia, PA 19107 Counsel for Petitioner Chad A. Readler, Acting Assistant Attorney General Douglas E. Ginsburg, Assistant Director Briena L. Strippoli (Argued) Office of Immigration Litigation United States Department of Justice Civil Division P.O. Box 878, Ben Franklin Station Washington, DC 20044 Counsel for Respondent ________________ OPINION ________________ ROTH, Circuit Judge Petitioner Isidro Aguilar Lopez,1 a Mexican national who entered the country illegally, appeals the reinstatement of a removal order first entered against him in 2005. Lopez argues that the traffic stop preceding his arrest by the Department of Homeland Security (DHS), which led to the reinstatement of his prior removal order, violated his Fourth Amendment rights. He contends that the evidence derived from this stop, including his identity, fingerprints, and immigration file, should be suppressed. For the reasons stated below, we will remand this matter to DHS for further proceedings consistent with this opinion. This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 Lopez is alternatively referred to as Rene Lopez Ramirez. For purposes of consistency and clarity, we refer to him by the name that appears in the caption of this appeal. 2 I. Lopez is a 39-year-old Mexican national. Starting in or around 1995, Lopez repeatedly entered the United States illegally and was removed eight times in the ensuing ten years. Lopez’s most recent removal order was entered in 2005 and he was removed to Mexico on August 16, 2005. In October 2005, Lopez once again illegally reentered the United States, for the ninth time, and has remained in the U.S. without legal status ever since. At approximately 8:30 p.m. on April 26, 2017, Lopez was driving with his family in Gardners, Pennsylvania, when a Pennsylvania State Trooper stopped his vehicle. The trooper asked Lopez for his license and registration. In response, Lopez acknowledged that he did not have a license and gave the trooper his Mexican passport for identification. The trooper then asked Lopez if he was a citizen, permanent resident, or “in process,” to which Lopez responded that he was “in process.” Lopez contends that the trooper initially stated he had stopped Lopez’s vehicle due to a broken tail light, but, when Lopez asked the trooper which light was broken, the trooper changed his justification for the traffic stop, saying that Lopez had crossed the double ...
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