Pretzantzin v. Holder, No. 11-2867 (2d Cir. 2013)Annotate this Case
Petitioners challenged the BIA's decision reversing the IJ's grant of their motion to suppress evidence obtained in egregious violation of their Fourth Amendment rights and termination of removal proceedings. Relying on INS v. Lopez-Mendoza, the BIA found that it need not determine whether petitioners suffered an egregious violation because birth certificates and arrest records were obtained after the Government had determined their identities. The court joined the Fourth, Eighth, and Tenth Circuits in finding that Lopez-Mendoza reaffirmed a long-standing rule of personal jurisdiction; it did not create an evidentiary rule insulating specific pieces of identity-related evidence from suppression. Therefore, the BIA erred in concluding that the Government had met its burden of establishing that certain alienage-related evidence had been obtained independent of any constitutional violation. Accordingly, the court vacated and remanded for the BIA to reach the issue of whether Government agents seized evidence of alienage from petitioners in the course of committing an egregious Fourth Amendment violation.
The court issued a subsequent related opinion or order on September 16, 2013.