Practice Advisory: Oliva-Ramos v. Attorney General (Third Circuit suppression case)

Practice Advisory: Oliva-Ramos v. Attorney General (Third Circuit suppression case)

"Please find attached a practice advisory on the Third Circuit’s groundbreaking decision in Oliva-Ramos v. Attorney General. The mandate in the case just issued this week.  In Oliva-Ramos, the Third Circuit held that evidence obtained through “egregious” or “widespread” constitutional violations may be suppressed in immigration proceedings.  The attached advisory takes an in-depth look at the court’s analysis and concludes with a series of practice tips and resources that will be helpful to attorneys representing clients who have fallen victim to unconstitutional immigration enforcement practices. The attached advisory may also be found on our website at  Many thanks to the individuals who provided feedback on the advisory over the last several weeks."

Abigail Augus

Matthew Craig

NYU Immigrant Rights Clinic 

Alina Das

Assistant Professor of Clinical Law

Co-Director, Immigrant Rights Clinic

New York University School of Law

245 Sullivan St., 5th Fl.

New York, NY 10012

Tel: (212) 998-6467

Fax: (212) 995-4031


  • 01-14-2013

please, inform me as all waivers available to deportees acused of alien smuggling, particularly if the said offense occurred in 1983. My question is whether there is a waiver availabe to someone who allegedly committed an "alien smuggling" offense in 1983? And, do the 1996 and 1997 laws prevent anyone from applying and qualifying for a waiver?