091296P.pdf   12/23/2010  Jorge Puc Ruiz  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  09-1296
                          and No:  09-3629
   Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Murphy,
   Circuit Judge]
   Petition for Review - Immigration. Based on the record, the arresting
   officers' conduct did not constitute and egregious violation of petitioner's
   Fourth Amendment rights, and the evidence gathered as a result of
   petitioner's arrest was admissible; post-arrest conduct of the ICE agent
   did not deprive petitioner of his Fourth Amendment rights, and his
   statements concerning his alienage and lack of lawful status were
   voluntary and admissible; even if the BIA erred in finding that the agents'
   conduct did not violate applicable agency regulations, suppression of the
   statements was not required as the error was harmless; while the IJ's
   decision was a nullity because it was entered after petitioner had appealed
   to the BIA, petitioner has not shown that the outcome would have been
   different but for the error, and the error was harmless; this court lacks
   jurisdiction to review the discretionary denial of voluntary departure
   under 8 U.S.C. Sec. 1229c.