Rodriguez v. Barr, No. 15-3728 (2d Cir. 2019)Annotate this Case
The Second Circuit denied the petition for sua sponte reopening of petitioner's removal proceedings pending the outcome of his U-visa application, because petitioner's U-visa application has been denied.
However, the court granted the petition for review of the BIA's denial of petitioner's motion to suppress evidence of petitioner's alleged alienage, finding that he made a prima facie showing of an egregious violation of his Fourth Amendment rights. In this case, petitioner established a prima facie case that his arrest was racially motivated and therefore constituted an egregious violation of his constitutional rights. Accordingly, the court remanded for further proceedings.