James A. Welcome writes: "I am pleased to attach a Summary Order issued today on a Petition for Review. The PFR was granted and remanded to the BIA. The matter involved a motion to suppress and the IJ's refusal to grant a hearing on the motion to suppress an unlawful arrest. Included in the motion was a signed affidavit. The Second Circuit agreed that the IJ should have considered the affidavit in assessing whether the Respondent should have been granted a hearing in the first place." - Guillen-Jimenez v. Holder, May 20, 2014.
[For reference and research, here is a link to the IJ and BIA decisions and the CA2 briefs.]