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Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA 2022)

December 09, 2022 (1 min read)

Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA 2022)

(1) Where an Immigration Judge finds that a traffic stop was nothing more than a routine law enforcement action, a respondent has not established a prima face case of a Fourth Amendment violation—much less an egregious violation—and is not entitled to a hearing on a suppression motion. Matter of Barcenas, 19 I&N Dec. 609 (BIA 1988), followed.

(2) Unsupported assertions and speculation have no evidentiary value and are insufficient to establish a prima facie case that an investigatory stop was an egregious violation of the Fourth Amendment, and thus they do not warrant a suppression hearing.