Murillo-Ledesma

Murillo-Ledesma v. Ashcroft

Good Law
96 F. App'x 505
United States Court of Appeals for the Ninth CircuitApril 27, 2004No. 03-71143California347 words

Opinion

Lead Opinion

MEMORANDUM **

Porfirio Murillo-Ledesma, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals. (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) order pretermitting his application for cancellation of removal because he failed to meet the ten year continuous presence requirement. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo legal determinations of the BIA, Carrillo-Gonzalez v. INS, 353 F.3d 1077, 1079 (9th Cir.2003), and we deny the petition.

Murillo-Ledesma contends that the statements he made to arresting officers regarding his alienage and the date and manner of his entry into the United States should have been suppressed by the IJ as fruit of an unlawful arrest. He further contends that he was denied a full and fair hearing because he was not permitted to present evidence concerning his unlawful arrest.

These contentions fail because generally, the Fourth Amendment’s exclusionary rule does not apply to administrative proceedings, and petitioner has not demonstrated that his case warrants an exception to the rule. See INS v. Lopez-Mendoza, 468 U.S. 1032, 1040 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984)…

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