Lopez-Rodriguez v. Mukasey

Fabiola Gastelum-Lopez ("Gastelum") and Luz Lopez-Rodriguez ("Lopez") petition for review of a decision of the Board of Immigration Appeals ("BIA") that affirmed an order of the Immigration Judge ("IJ") removing them to Mexico. They contend that the IJ and BIA erred in denying their joint motion to suppress their respective Forms I-213 (Record of Deportable/Inadmissible Alien) and a sworn statement by Gastelum, because the evidence contained in these documents was obtained in egregious violation of their Fourth Amendment rights. We agree that this evidence should have been suppressed. Because the government did not produce any other evidence tending to show the petitioners alienage in the proceedings before the IJ, we grant the petition for review, reverse and remand.