If an individual admits to being in the U.S. with an unlawful status during a lawful investigation, the admission is not barred as evidence, per the Board of Immigration Appeals (BIA). The three-judge panel upheld the findings of an immigration judge. Immigration and Customs Enforcement (ICE) officers recorded an individual stating, voluntarily, that they are in the U.S. without legal status. That admission is allowed in the immigration proceedings.

The individual is claiming the incident is unlawful. They claim that the ICE agents stopped them based on ethnicity, and without reasonable suspicion that they had no legal status. The individual claims it’s a violation of the Fourth Amendment, protecting individuals from unreasonable search and seizure.

Per the BIA, the ICE officers were in compliance with a case they were investigating. The individual they were pursuing has a resemblance to the individual who was stopped. Based on that resemblance, they stopped the person and asked for identification. When the person was not able to provide identification, the ICE agents recorded the individual with unlawful status in the U.S. The individual is fighting the removal. However, the BIA ordered the individual to leave the U.S. within 60 days.

If you have questions about any immigration-related issue,  please contact us. We work with our clients to ensure they get the right advice for their particular situations.