Thursday, January 26th, 2017

CA3 on Exclusionary Rule: Oliva-Ramos v. Atty. Gen.

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"Erick Oliva-Ramos petitions for review of an order of the Board of Immigration Appeals affirming an Immigration Judge‘s order removing him to Guatemala.  He also seeks review of the BIA‘s denial of his motion to supplement the record and to reopen his removal proceeding before an Immigration Judge.  We must decide whether the BIA erred in refusing to apply the exclusionary rule in a removal proceeding under the circumstances in this case.  A related question that we must address is whether the BIA abused its discretion in not reopening this case to allow Oliva-Ramos to supplement the administrative record with evidence of widespread and/or egregious conduct by Immigration and Customs Enforcement ("ICE") officials.  Finally, we must determine if alleged violations of regulations entitle Oliva-Ramos to relief.  For the reasons explained below, we will grant the petitions, vacate the BIA‘s order of removal, and remand to the