Downs v. Holder, Jr., No. 13-1643 (8th Cir. 2014)Annotate this Case
Petitioner, a national and citizen of Kenya, sought review of the BIA's dismissal of her appeal from an IJ's order concluding that she was removable and denying her petition for adjustment of status. Petitioner argued that the IJ erred by denying her motion to suppress her I-9 forms and her Hutchison Community College (HCC) applications. The court concluded that INA 274A(b)(5) allows the admission of I-9 forms into evidence in removal proceedings; absent an egregious violation of the Fourth Amendment or other liberty which transgresses the fundamental fairness of the removal proceedings or affects the probative value of the evidence obtained, the exclusionary rule is not available in the removal context to remedy a mere statutory violation of Federal Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; and, therefore, the court denied the petition for review.