Argelio Guerrero-Renovato v. Loretta E. Lynch

MEMORANDUM

Argelio Guerrero-Renovato petitions for review of the Board of Immigration Appeals’ (BIA) decision upholding the Immigration Judge’s (IJ) denial of his motion to suppress evidence and finding that he is removable. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

In July 2007, Guerrero-Renovato was arrested by Immigrations and Customs Enforcement Officers because he was standing with a group of Hispanic individuals who had been “observed on various occasions speaking only Spanish.” He admitted to the arresting officers that he was in the United States illegally.

At his removal hearing, Guerrero-Reno-vato moved to suppress evidence obtained as a result of his arrest. The IJ denied the motion to suppress and found him removable. The BIA sustained Guerrero-Renovato’s appeal of that decision, finding egregious misconduct in the officers’ decision to arrest him “solely based on [his] Hispanic appearance.” The BIA remanded the case for the IJ to consider whether sufficient evidence obtained independently of the illegal arrest supported his removal.

On remand, the government produced documentation of Guerrero-Renovato’s 1998 voluntary departure…