Vanegas-Ramirez v. Holder, No. 13-749 (2d Cir. 2014)Annotate this Case
Petitioner sought review of the BIA's decision affirming the IJ's denial of petitioner's motion to suppress evidence and terminate removal proceedings, and his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that where, as here, an alien voluntarily concedes facts supporting his removeability, such concessions constitute independently admissible removability evidence, notwithstanding the allegedly egregious and illegal search and seizure that led to the initiation of the removal proceedings. Therefore, the agency did not err in denying the suppression motion. The court also concluded that the agency did not err by denying the asylum application based on the failure of petitioner's testimony to establish a well-founded fear and, by extension, a clear probability of prosecution. Accordingly, the court denied the petition for review.