United States Second Circuit

The Board of Immigration Appeals (BIA) erred in dismissing petitioner's appeal from the Immigration Judge (IJ)'s order of removal and denial of petitioner's motion to suppress the government's evidence of alienage, where: 1) the IJ erroneously interpreted the case law to require physical threat or harm before a Fourth Amendment violation becomes sufficiently egregious to require suppression; 2) a nighttime, warrantless raid of a person's home by government officials may, and frequently will, constitute an egregious violation of the Fourth Amendment requiring the application of the exclusionary rule in a civil deportation hearing; and thus, 3) the IJ erred by refusing to shift the burden of proof to show the officers obtained voluntary consent to enter the home and petitioner's bedroom.

Appellate Information

• Decided 07/31/2013
• Published 07/31/2013

Judges

• WESLEY

Court

• United States Second Circuit

Counsel