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Garcia-Aguilar v. Lynch, 1st Cir. (2015)
Garcia-Aguilar v. Lynch, 1st Cir. (2015)
Garcia-Aguilar v. Lynch, 1st Cir. (2015)
No. 14-1185
MARIA LETICIA GARCIA-AGUILAR,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General of the United States,*
Respondent.
Before
Howard, Chief Judge,
Souter,** Associate Justice,
and Lipez, Circuit Judge.
detention
involved
constitutional
violations
sufficiently
that
she
immediately
Garcia states in an
attempted
to
call
her
son's
She
flee, an agent grabbed him, forced him to sit down, and handcuffed
him. Garcia states that she was thereafter handcuffed with plastic
ties and claims that she was asked for her name only after being
handcuffed.
Garcia
and
other
workers
- 3 -
were
escorted
to
the
The I-213
was
released
after
five
days
at
the
Bristol
County
Correctional Facility.1
Garcia was served with a Notice to Appear in removal
proceedings
while
detained
at
Fort
Devens.
Through
written
"to
clarify,
through
fact
finding,
what
occurred
during
[Garcia's] arrest."
and
introduced
the
government
certificates.
Garcia's
and
her
son's
birth
- 5 -
The
IJ
"independently
concluded
established
that
[Garcia's]
the
birth
identity
certificate
and
alienage"
The
This petition
years
ago
the
Supreme
Court
held
that
the
Id. at 1046.
At the
The
that
might
transgress
notions
of
fundamental
fairness
and
Lopez-
this
potential
limit
to
Lopez-Mendoza's
that the BIA and IJ erred in refusing to suppress both the I-213
Form and her birth certificate.
Garcia
facie
has
not
made
constitutional violations.
prima
showing
of
egregious
The
- 7 -
Where
unlawful
conduct
has
become
so
attenuated
or
has
been
Wong Sun v.
As
Wong Sun,
parties,
as
Garcia's
where
evidence
birth
is
certificate
obtained
was
from
here,
third
several
Of particular
been
suppressed
because
it
was
obtained
by
ICE
"as
certificate.
Indeed,
Garcia's
counsel
forthrightly
the
Mexican
Consulate
appears
to
have
independently
this
case
"using
evidence
gathered
independently
of,
or
Our holding
Immigration & Customs Enf't, 510 F.3d 1, 24 (1st Cir. 2007) (urging
- 11 -
- 12 -
Accordingly,