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

March 29, 2015 (1 min read)

Ben Winograd at IRAC writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his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, Nov. 25, 2015, unpub.  [Hats off to Jonathan S. Greene!]