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Keywords

appealhearingaffidavitmotiondeportation
hearingaffidavitdeportation

Related Cases

Maldonado v. Holder

Facts

On September 19, 2006, Petitioners were among persons gathered in Kennedy Park, Danbury, Connecticut, to seek work as day laborers. The Danbury Police Department and ICE were conducting a sting operation, and Petitioners entered an unmarked vehicle driven by an undercover officer, believing they were going to a job site. They were arrested and made incriminating statements about their alienage, which were recorded. The IJ denied their motions to suppress evidence and terminate removal proceedings, leading to their appeal to the BIA.

On September 19, 2006, Petitioners were among persons gathered in Kennedy Park, Danbury, Connecticut, to seek work as day laborers. That day, the Danbury Police Department ('DPD') and ICE were jointly conducting a sting operation in the area. Petitioners entered a nearby, unmarked vehicle driven by an undercover DPD officer, and were transported to a parking lot and arrested.

Issue

Whether the petitioners were entitled to suppress incriminating statements made during their arrest, based on alleged egregious violations of their Fourth Amendment rights.

Whether the petitioners were entitled to suppress incriminating statements made during their arrest, based on alleged egregious violations of their Fourth Amendment rights.

Rule

The exclusionary rule does not apply to civil deportation proceedings unless there is evidence of egregious violations of constitutional rights that transgress notions of fundamental fairness.

The exclusionary rule does not apply to civil deportation proceedings, in part because 'a deportation hearing is intended to provide a streamlined determination of eligibility to remain in this country, nothing more.' INS v. Lopez-Mendoza, 468 U.S. 1032, 1034, 1039, 104 S. Ct. 3479, 82 L. Ed. 2d 778 (1984).

Analysis

The court found that the petitioners did not establish a prima facie case of egregious constitutional violations. Their affidavits did not suggest that they were subjected to severe treatment or that their arrest was based on race or other grossly improper considerations. The BIA's burden-shifting framework was correctly applied, requiring petitioners to provide sufficient evidence to warrant a suppression hearing.

The affidavits in this case do not suggest egregious constitutional violations, and therefore 'could [not] support a basis for excluding the evidence.'

Conclusion

The court upheld the BIA's decision, denying the petitions for review and concluding that the petitioners were not entitled to suppress their statements.

The court upheld the BIA's decision, denying the petitions for review and concluding that the petitioners were not entitled to suppress their statements.

Who won?

The government prevailed in the case because the court found that the petitioners did not demonstrate egregious violations of their rights that would warrant suppression of evidence.

The government prevailed in the case because the court found that the petitioners did not demonstrate egregious violations of their rights that would warrant suppression of evidence.

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