Millan-Hernandez v. Barr, No. 18-2107 (2d Cir. 2020)
Annotate this CaseThe Second Circuit granted a petition for review of a BIA decision dismissing petitioner's appeal of an IJ's denial, without an evidentiary hearing, of her motion to suppress evidence. The court held that the agency erred by requiring that petitioner rely on her documentary evidence alone and make a prima facie showing of an egregious Fourth Amendment violation before it would conduct a suppression hearing. The court also held that, because sworn statements and the police incident report that petitioner submitted "could support" suppression under the Cotzojay standard, she was entitled to a hearing. Accordingly, the court remanded for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.