What is a Motion to Suppress in Immigration Proceedings?

What is a Motion to Suppress in Immigration Proceedings?

A motion to suppress may be a valid defense to removal in your immigration proceedings if law enforcement or Immigration and Customs Enforcement (ICE) officials treated you in an unconstitutional or otherwise illegal manner in detaining you. If the authorities obtained the evidence necessary to detain you in an illegal manner, you can ask the court to suppress, or “throw out” the evidence obtained as a result of the illegal behavior. A common example of a case in which a motion to suppress might be appropriate would be if the police or immigration authorities illegally stopped a vehicle driven by an immigrant without a legal immigration status. Police generally must have probable cause to stop a vehicle. If no probable cause existed to stop the vehicle, then the police acted in an unconstitutional manner, and any evidence found as a result of the stop may be suppressed by the court. Since the method that the police used to get the evidence was illegal, the police then cannot use the evidence to charge the immigrant with a crime or charge him or her with removal. This situation happens both in regular state criminal cases and in immigration cases. A motion to suppress makes use of something known as the “exclusionary rule.” Since immigration proceedings are civil and not criminal in nature, the use of a motion to suppress is not available in all of the situations that it would be in a criminal case. However, there are plenty of instances in which a motion to suppress is proper in immigration proceedings. If the motion to suppress is successful, the government may be forced to dismiss the removal proceedings. Since removal can result in the physical separation of your family and loss of your community and home, it is essential that you take all steps necessary to avoid an order of removal. We are here to help defend you against deportation from the United States and hopefully avoid removal altogether. Contact your immigration law attorneys at Landerholm Immigration, A.P.C., today, at (510) 756-4468. We will schedule a consultation for you to meet with one of our skilled and experienced deportation defense lawyers as quickly as possible. Do not delay in contacting us, so that we can begin helping you right away. You also should take a look at our free e-book about the immigration process, which is available to be downloaded from our website.
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