CA3: Legality of arrest on an ICE warrant for overstaying visa irrelevant to removal

“Matos first argues that local law enforcement violated his Fourth and Fourteenth Amendment rights to be free from unreasonable seizures by arresting him pursuant to the purported ICE warrant. Matos protests that he never waived this right when he entered the country using the Visa Waiver Program. Even assuming that Matos, as an alien, has the right to be free from unreasonable seizures, the lawfulness of his arrest is legally irrelevant. Matos does not seek to exclude any fruit of the allegedly unconstitutional arrest; rather, he wants to remain in the United States despite his admission that he violated the terms of his entry. In short, he would still be subject to removal even if his arrest was unconstitutional. See 8 U.S.C. § 1187(b)(2) (waiving, as a condition of entry under the Visa Waiver Program, the right to contest “any action for removal of the alien” except on the basis of asylum).” His identity and removability aren’t suppressible. Romero-Matos v. AG United States, 2018 U.S. App. LEXIS 35848 (3d Cir. Dec. 20, 2018).

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