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Unpub. BIA 4th Am. Violation Remand: Matter of Espana

December 11, 2014 (1 min read)

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation. The Board noted that ICE agents were alleged to have entered the home around 6:00 a.m. without a warrant or consent, broke open a bedroom door and shattered a glass mirror after entering the home, and used physical force while arresting and questioning the respondent." - Matter of Espana, A088 745 137 (BIA Nov. 25, 2014, unpub.), courtesy of IRAC.  [Hats off to Jonathan S. Greene!]