United States Third Circuit

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Oliva-Ramos v. Attorney General of the United States, 10-3849

The Board of Immigration Appeals' (BIA) order affirming an Immigration Judge's order removing petitioner to Guatemala, and the BIA's denial of a motion to supplement the record and to reopen removal proceeding before an IJ is affirmed in part, vacated in part and remanded where: 1) the BIA abused its discretion in denying petitioner's motion to reopen because the IJ's refusal to grant the related subpoenas is contrary to 8 C.F.R. section 1003.35(b); 2) the BIA erred in not allowing petitioner an opportunity to support his Fourth Amendment claim; 3) the BIA failed to apply the proper Fourth Amendment inquiry into petitioner's claim of regulatory violations for consent to enter, seizure, warrantless arrest, and coerced statements; and 4) the BIA properly rejected petitioner's claim that the ICE agents violated 8 C.F.R. section 292.5(b), since he was notified of his right to counsel before he was placed in formal proceedings.

Appellate Information

  • Decided 09/13/2012
  • Published 09/13/2012


  • McKee


  • United States Third Circuit