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CA2 Suppression Victory, Remand: Guillen-Jimenez v. Holder (Unpub.)

May 27, 2014 (1 min read)

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.]