DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131643P.pdf 07/14/2014 Jane Downs v. Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 13-1643
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Loken, Circuit
Judge]
Petition for Review - Immigration. Where the government produced
petitioner's I-9 forms and her community college applications to show she
falsely claimed U.S. citizenship, INA Sec. 274A(b)(5) does not prohibit
the use of an I-9 form in a removal proceeding; absent an egregious
violation of the Fourth Amendment or other liberty which transgresses the
fundamental fairness of the removal proceedings or affects the probative
value of the evidence obtained, the exclusionary rule is not available in
the removal context to remedy a mere statutory violation of Federal
Educational Rights and Privacy Act.