Calla-Collado v. Attorney Gen. of the United States, No. 11-1624 (3d Cir. 2011)Annotate this Case
Petitioner, a citizen of Peru, entered the U.S., undocumented, in 2005. In 2007, he was arrested for driving while intoxicated; he was unlicensed. In removal proceedings, petitioner conceded removablity and, after being transferred from New Jersey to Louisiana, obtained a change of venue, retained new counsel and filed a motion to withdraw pleadings and a motion for an evidentiary hearing. The IJ found that petitioner's admission waived issues raised in his motions and ordered removal. The BIA dismissed, finding that: petitioner failed to establish that his concession to removability should be suppressed; his rights were not violated when he was transferred; and that evidence of his alienage was not suppressible under the Fourth Amendment. The Third Circuit denied review, first rejecting an ineffective assistance of counsel claim. An alien does not have the right to be detained where he believes his ability to obtain representation and present evidence would be most effective. Even if the police violated a directive from the state attorney general by contacting ICE, petitioner's rights were not prejudiced.