BIA remands in suppression case

In re Jose Zacaria Quinteros, A088-239-850, 2011 WL 5865126 (BIA Nov. 9, 2011) (unpublished) (Memphis).

In this case, the alien filed a motion to suppress based on constitutional violations in the traffic stop leading to his arrest.  The IJ denied it but the BIA remanded.  ICE filed a motion to reconsider, which the BIA denied.  The BIA found that the exclusionary rule can apply in removal proceedings if the evidence was obtained in a manner so egregious that its use would violate due process by offending the requirements of fundamental fairness.