Jose Monroy-Perdomo v. Eric Holder, Jr.

MEMORANDUM

Jose Armando Monroy-Perdomo, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo constitutional challenges to removal or ders, Lopez-Rodriguez v. Mukasey, 586 F.3d 1012, 1015 (9th Cir.2008), and review for abuse of discretion the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

Even assuming that the allegedly unlawful search of Monroy-Perdomo’s residence and his subsequent arrest was an egregious violation of his constitutional rights, the agency did not err in concluding that there was substantial independent evidence in the record to establish that he was nonetheless subject to removal as charged. See Hoonsilapa v. INS, 575 F.2d 735, 738 (9th Cir.1978), modified by 586 F.2d 755 (9th Cir.1978) (“[T]he mere fact that a Fourth Amendment illegality directs attention to a particular suspect does not require exclusion of evidence subsequently unearthed from independent sources”)

The BIA did not abuse its…