15‐3728(L) Rodriguez v. Barr In the United States Court of Appeals For the Second Circuit August Term, 2017 Nos. 15‐3728‐ag, 17‐273‐ag CHRISTIAN RODRIGUEZ, Petitioner, v. WILLIAM P. BARR, United States Attorney General, Respondent. Appeal from the Board of Immigration Appeals. No. A088‐190‐226 ARGUED: MAY 1, 2018 DECIDED: NOVEMBER 21, 2019 Before: LYNCH and DRONEY, Circuit Judges, and SESSIONS, District Judge.* Petitioner Christian Rodriguez (“Rodriguez”) brings two petitions for review. The lead petition, No. 15‐3728, seeks review of a decision of the Board of Immigration Appeals (“BIA”) denying Rodriguez’s motion to suppress evidence of his alleged alienage based on an egregious violation of his constitutional rights. The second petition, No. 17‐273, concerns the BIA’s denial of Rodriguez’s request for sua sponte reopening of his completed removal proceedings pending the outcome of a U‐visa application. We DENY Petition No. 17‐273 because Rodriguez’s U‐visa application has been denied. However, we GRANT Petition No. 15‐3728 because we find that Rodriguez made a prima facie showing of an egregious violation of his Fourth Amendment rights, and REMAND the case to the BIA for additional proceedings. JOSEPH MEYERS, THOMAS SCOTT‐RAILTON, Law Student Interns (Muneer I. Ahmad, Supervising Attorney, Adán Martínez, Richard Zacharias, Melissa Z. Marichal, Law Student Interns, on the brief), Jerome N. Frank Legal Services Org., Yale Law School, New Haven, CT, for Petitioner. M. JOCELYN LOPEZ WRIGHT, Senior Litigation Counsel (Melissa Neiman‐Kelting, Assistant Director, Office of Immigration Litigation, Chad A. Readler, Acting Assistant Attorney General, Civil Division, on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent. *Judge William K. Sessions III, of the United States District Court for the District of Vermont, sitting by designation. 2 SESSIONS, District Judge: Petitioner Christian Rodriguez (“Rodriguez”) brings two petitions for review. The lead petition, No. 15‐3728, seeks review of the Board of Immigration Appeals’ (“BIA”) denial of Rodriguez’s motion to suppress evidence of his alleged alienage. His second petition, No. 17‐273, concerns the BIA’s denial of Rodriguez’s request for sua sponte reopening of his completed removal proceeding. We grant Petition No. 15‐3728 and deny Petition No. 17‐273. FACTUAL BACKGROUND I. Facts Relevant to Petition No. 15‐3728 In 2007, the City of New Haven, Connecticut became the first city in the United States to approve a municipal ID card that would be available to undocumented residents.1 Then‐mayor of New Haven, John DeStefano Jr., had aired the idea of a municipal ID card in 2005, and the plan had gained steam by early 2007. In May 2007, DeStefano testified before a committee of the New Haven Board of Aldermen in support of a proposal, calling it an “issue of justice and an issue of human rights, just as was the case when generations ago the community 1The card could “be used in a variety of ways—as a debit card at businesses, drawing down on the money card holders put in their bank accounts, a library card, a card to pay the city’s parking meters and as proof of residency for admission ...
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