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Unpub. BIA Suppression Victory (Remand) in Baltimore

July 23, 2014 (1 min read)

Prof. Maureen A. Sweeney writes: "I thought your readers would be interested in our recent unpublished BIA suppression victory, which rejected an IJ's reasoning that DHS was absolved from any legal repercussions of an allegedly illegal arrest simply because the arrest was carried out by state officers (rather than DHS officers).  Our client in this case moved to suppress the government's evidence on the grounds that his arrest by Maryland Transportation Authority Police was based on his race, was without any legal authority, was not based on probable cause, and violated his Fourth and Fifth Amendment rights.  The IJ had held that the constitutionality of the arrest was irrelevant because the arresting officers were not DHS employees and "this Court is without authority to assess the conduct of the Maryland Transportation Authority officers."  The BIA remanded the case on the grounds that the DHS questioning and proceedings flowed directly from the challenged arrest, and that the validity of that arrest must therefore be assessed to determine the validity of the removal proceedings.  I've attached both the IJ and the BIA decisions."