Zuniga-Perez v. Sessions, No. 17-996 (2d Cir. 2018)Annotate this Case
The Second Circuit granted a petition for review of the BIA's decision affirming the IJ's denial of petitioners' motions to suppress evidence relating to their immigration status obtained by law enforcement agents during a nighttime search of their residence. The court held that petitioners made a sufficient showing of an egregious constitutional violation to warrant an evidentiary hearing and those facts could support a basis for excluding the evidence. In this case, petitioners presented substantial evidence that the search was improperly based on race; petitioners have raised fair questions as to whether a warrant existed and, if so, whether the search exceeded its scope; and petitioners presented sufficient evidence that, if credited, would show the agents engaged in severe conduct.