Second Circuit — Fourth Amendment: Cotzojay v. Holder

U.S. Court of Appeals for the Second Circuit

Fourth Amendment

Nighttime Raids — Threat of Physical Harm

Cotzojay v. Holder
11-4916-ag
Judges Wesley, Droney and Nathan

Background: The petitioner sought review of an order of removal and dismissal of her appeal by the Board of Immigration Appeals. The petitioner had sought to suppress the government’s evidence of alienage obtained during a nighttime, warrantless raid on the petitioner’s home. The Immigration Law Judge found that the petitioner failed to show that ICE officers entered his home without consent and that, regardless, the officers’ conduct was not sufficiently shocking to qualify as egregious and require application of the exclusionary rule.

Ruling: The Second Circuit vacated and remanded. The court held that the IJ and BIA erroneously interpreted Fourth Amendment case law to require physical threat or harm before a Fourth Amendment violation becomes sufficiently egregious to require suppression.

Heather Y. Axford of Central American Legal Assistance for the petitioner; Nicole Thomas-Dorris of the U.S. Department of Justice for the respondent