Oliva-Ramos v. Attorney General of the United States

694 F.3d 259 (2012)

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Oliva-Ramos v. Attorney General of the United States

United States Court of Appeals for the Third Circuit
694 F.3d 259 (2012)

CS

Facts

Erick Oliva-Ramos (plaintiff) was a Guatemalan native in the United States who was detained by Immigration and Customs Enforcement (ICE) (defendant) agents following a pre-dawn raid on an apartment in which he lived with other members of his family. An administrative warrant for the arrest of one of Oliva-Ramos’s sisters was the official justification for the raid, but that sister was not present in the apartment at the time, and instead multiple other family members were questioned, restrained, and eventually interviewed and detained by ICE. Oliva-Ramos was charged with being removable. At the immigration hearing, Oliva-Ramos objected to the use of evidence obtained during the raid and his subsequent arrest under the exclusionary rule, alleging that the raid had been forcible and unwarranted and amounted to an egregious violation of the Fourth Amendment. Olivia-Ramos also moved to introduce evidence related to these allegations. The immigration judge denied his motions, and the Board of Immigration Appeals (BIA) upheld the denial. Oliva-Ramos’s appeal of the BIA’s decision came before the United States Court of Appeals for the Third Circuit.

Rule of Law

Issue

Holding and Reasoning (McKee, C.J.)

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