In what circumstances will the Federal Bureau of Investigation (BIA) order the seizure of evidence of alienage from Petitioners in the course of committing an egregious Fourth Amendment violation?

Accordingly, we remand this case for the BIA to reach the issue of whether Government agents seized evidence of alienage from Petitioners in the course of committing an egregious Fourth Amendment violation. Should any questions over the nature of the constitutional violation linger, we direct the agency to the opinion issued in a companion case also decided today, in which we were persuaded that the facts as alleged by the alien and similar to those in this case portrayed an egregious Fourth Amendment violation. See Doroteo Sicajau Cotzojay v. Holder, No. 11-4916-ag, - F.3d -, - (2d Cir. 2013).

Notes: