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Keywords

liabilityhearingmotionparoledue processappellant

motiondue process

Related Cases

Gutierrez-Berdin v. Holder

Facts

On May 22, 2006, ICE agents arrested petitioner Cecilio Gutierrez-Berdin at his parents' home in Aurora, Illinois, and served him with a Notice to Appear (NTA) in Immigration Court to commence removal proceedings. The NTA charged that petitioner was removable under 8 U.S.C. 1182(a)(6)(A)(i) because he was an alien present in the United States without being admitted or paroled. Following the arrest, ICE agents filled out a U.S. Department of Justice Record of Deportable/Inadmissible Alien, known as Form I-213, which explained that appellant was an associate member of a gang and had previously been apprehended and removed to Mexico. Petitioner requested a bond hearing and later moved to suppress the Form I-213 and NTA, claiming violations of his Fourth and Fifth Amendment rights.

Issue

Whether the IJ erred in denying Gutierrez-Berdin's motion to suppress Form I-213 and whether the BIA's denial of his request for voluntary departure was appropriate.

Rule

The exclusionary rule does not generally apply to civil removal proceedings, and the IJ's factual findings are conclusive unless any reasonable adjudicator would be compelled to conclude otherwise. The IJ must also consider the reliability of administrative documents like Form I-213 unless inaccuracies are demonstrated.

The exclusionary rule does not generally apply to civil removal proceedings, and the IJ's factual findings are conclusive unless any reasonable adjudicator would be compelled to conclude otherwise.

Analysis

The court found that the IJ did not err in denying the motion to suppress Form I-213, as the claims of minor physical abuse and aggressive questioning did not rise to the level of egregious violations necessary to apply the exclusionary rule. The IJ appropriately considered Form I-213 as evidence of alienage since Gutierrez-Berdin did not demonstrate any inaccuracies in its contents. The court also noted that the IJ conducted an orderly hearing without legal mistakes and was entitled to draw negative inferences from the alien's refusal to testify.

Conclusion

The court dismissed the alien's petition regarding the denial of voluntary departure and denied the petition on other grounds, affirming the IJ's decision.

Who won?

The government prevailed in the case because the court upheld the IJ's decision and found no violations of due process or errors in the proceedings.

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