In what circumstances will the majority of the Court uphold a presumption that the Immigration Office (IRO) has complied with the Fourth Amendment Guidelines?

Again, the majority cannot, in the face of a silent record, point to any evidence that INS officers are not obeying the internal regulations which condemn and punish unreasonable searches and seizures. To mask this lack of factual support for its premise, our attention is diverted to the claims of certain legal writers that "the practical experience of other law enforcement agencies indicates that internal review is rarely effective in deterring fourth amendment violations." (Maj.Op. at 1074). In the absence of evidence to the contrary, we are required to presume that immigration officers have lawfully performed their duties. See FCC v. Schreiber, 381 U.S. 279, 85 S.Ct. 1459, 14 L.Ed.2d 383 (1965) (administrative agencies are entitled to a presumption that they act properly and according to law); In re Hergenroeder, 555 F.2d 686 (9th Cir. 1977) (the government is presumed to obey the law). The majority, without citation to any authority, apparently would reverse this ancient presumption, in the absence of affirmative evidence "that the guidelines are being consistently and effectively enforced." (Maj.Op. at 1071). I can find no justification in the recordnor in the majority's opinionfor its refusal to apply the rules concerning the legal effect of presumptions to aliens who have entered this country illegally.