In re Quevara-Mata
Board of Immigration Appeals
A097 535291 (2011)
- Written by Carolyn Strutton, JD
Facts
Quevara-Mata and five other immigrants (plaintiffs) were living in a rented room in a house on Long Island, New York. At approximately 5:00 am, Immigration and Customs Enforcement (ICE) agents repeatedly banged on the front door and rang the doorbell to gain admission to the house. After another person living in the house opened the front door, the agents broke through the immigrants’ locked bedroom door. The agents did not have a warrant and were armed and in uniform. They questioned, searched, and detained the six immigrants and moved them to a detention facility, where they were held and interrogated before being released about 12 hours later. Before being released, the Department of Homeland Security (DHS) (defendant) charged the immigrants as being removable under the Immigration and Nationality Act. During the removal proceedings, the immigration judge held that the immigrants had made a prima facie case that ICE’s conduct amounted to an egregious violation of their constitutional rights and as a result the immigrants were entitled to suppression of evidence collected during the arrest. The immigration judge’s decision came before the Board of Immigration Appeals.
Rule of Law
Issue
Holding and Reasoning ()
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