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Immigration Law

BIA on Egregious 4th Amendment Violation: Matter of Ixpec-Chitay (Unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the suppression of evidence obtained by ICE officers who, during an early morning home raid, entered the respondent's home through windows without a search warrant or consent, hit the respondent on the head with a flashlight, handcuffed the respondent without asking any questions or informing him why he was under arrest, transported the respondent against his will, and subjected the respondent to hours of custodial interrogation. The Board also found that the respondent's foreign birth certificate neither constituted "independent" evidence of alienage nor attenuated from the unlawful home raid." - Matter of Ixpec-Chitay, Sept. 16, 2013, unpub.  [Hats off to Prof. Peter L. Markowitz, Director, Kathryn O. Greenberg Immigration Justice Clinic, Cardozo School of Law!]