Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Thursday, July 7, 2011

BIA affirms denial of motion to supress

Matter of Lopez, 2011 WL 2607057, A099-762-480 (BIA June 22, 2011) (unpublished).

The BIA denied the noncitizen's motion to suppress.  The BIA found no right to access to counsel prior to DHS questioning.  The DHS's officers alleged yelling and other mistreatment did not amount to egregious conduct.  Even if the arrest was unlawful, the body of the respondent is not suppressible.  Plus, the noncitizen admitted alienage in his request for voluntary departure.

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