Hablamos Espanol? Welcome to Removal Proceedings!

I saw, with a real sense of disgust, the videos that have circulated recently on the internet. First, I saw the video of the attorney, who has taken an oath to protect rights, rail at a restaurant because other patrons were speaking Spanish. Second, I saw the Border Patrol agent speak to two United States…

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Know Yourself Before Applying for An Immigration Benefit

I will  be discussing the second case that I discussed in my last post. This case involved a Respondent with so many identities, that the court could not find out his true identity. In Singh v. Holder, a Respondent appealed the Board of Immigration Appeals‘ order affirming the immigration judge’s decision denying his application for…

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Eighth Circuit Rules that Evidence Obtained through a Warrantless ICE Arrest is not Suppressible

The Eighth Circuit ruled this week that evidence of alienage obtained through a warrantless  ICE search is not suppressible in removal proceedings. The petitioners were placed in removal proceedings and moved to suppress evidence of alienage under the Fourth Amendment‘s unreasonable search and seizure clause. They alleged in their affidavits that ICE agents barged into their home and…

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Suppressing Evidence in Removal Proceedings

One of the biggest problems in removal proceedings is the limited circumstances under which a respondent could challenge the government’s evidence. Usually the Service tries to introduce unreliable evidence to support the respondent’s deportability. I have had several cases when the government tried t o introduce hearsay statements from unnamed sources. The problem is that the…

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