418 F. App'x 894
11th Cir.2011Background
- Ghysels-Reals, a native and citizen of Argentina, entered the U.S. in 2000 with six-month visa authorization.
- In December 2009, during a routine traffic stop, Ghysels-Reals was detained and served a Notice to Appear charging removal for overstaying.
- Ghysels-Reals moved to suppress evidence in Form I-213 from the stop, arguing the stop was illegal.
- IJ admitted Form I-213; BIA affirmed, noting the exclusionary rule generally does not apply in immigration proceedings.
- Ghysels-Reals petitioned for review arguing suppression should apply because the stop was unlawful and I-213 contains hearsay; petition denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the exclusionary rule applies in immigration proceedings. | Ghysels-Reals argues suppression is required. | BIA argues exclusionary rule generally inapplicable in immigration. | Exclusionary rule generally inapplicable; no egregious violation found. |
| Whether the traffic stop was egregious enough to exclude evidence. | Ghysels-Reals contends stop was unlawful and egregious. | BIA found no egregious violation. | Stop not egregious; evidence admissible. |
| Whether Form I-213 can be used to prove alienage given potential illegality of stop. | I-213 evidence should be given no weight. | I-213 properly admitted and probative. | I-213 properly admitted and used to establish alienage. |
Key Cases Cited
- INS v. Lopez-Mendoza, 468 U.S. 1032 (1984) (exclusionary rule generally not applicable in immigration proceedings)
- Silva v. U.S. Att'y Gen., 448 F.3d 1229 (11th Cir. 2006) (review standard for BIA decisions; substantial evidence)
- Adefemi v. Ashcroft, 386 F.3d 1022 (11th Cir. 2004) (en banc; standard for administrative findings)
- Ruiz v. Gonzales, 479 F.3d 762 (11th Cir. 2007) (test for reversing BIA decisions)