Garcia-Recendiz

MEMORANDUM ***

Imelda Garcia-Recendiz appeals from a decision of the Board of Immigration Appeals (Board) finding her removable. On April 14, 1998, Garcia-Recendiz was arrested by a Border Patrol Officer. She was charged with being removable under Section 212(a)(6)(A)© of the Immigration & Nationality Act, 8 U.S.C. § 1182 (a)(6)(A)©. Garcia-Recendiz alleged before the Board that certain evidence of her alienage had been improperly obtained by the INS as fruit of an “illegal” arrest. In response, the Board found independent evidence of her alienage and dismissed her appeal.

As part of her original removal proceeding before an Immigration Judge, GarciaRecendiz submitted a Motion to Suppress any evidence obtained as fruit of her arrest. Included in her Motion to Suppress was her own voluntarily submitted Affidavit of Fact which stated she was born in Mexico. In response to Garcia-Recendiz’s argument that evidence discovered as fruit of her arrest could not be used to determine her status, the Board turned to this Affidavit and used it as independent evidence of Garcia-Recendiz’s alienage. The Board also used Garcia-Recendiz’s voluntarily submitted Application for Employment…