Cotzojay v. Holder, No. 11-4916 (2d Cir. 2013)
Annotate this CasePetitioner, a citizen of Guatemala, petitioned for review of the BIA's decision affirming the IJ's order of removal. After the Government instituted removal proceedings, petitioner filed a motion to suppress the Government's evidence, arguing that ICE officers obtained the evidence in violation of his Fourth and Fifth Amendment rights when they forcibly gained entrance to his home and arrested him without a warrant or probable cause. The court concluded that the IJ erred in finding that petitioner's submissions were insufficient to shift the burden to the Government to establish consent and erred in concluding that the facts alleged, even accepted as true, were insufficient to yield an egregious Fourth Amendment violation requiring suppression. Accordingly, the court vacated and remanded.
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