BIA erred by denying petitioner’s motion to suppress evidence of his alleged alienage. He made out a prima facie case of an egregious violation of his constitutional rights where the evidence tended to show a racial animus in the planning and execution of the raid during which he was arrested, and thus supported the inference that his arrest was likewise race-based. The sheer paucity of evidence supporting a finding of probable cause buttressed the conclusion that the arrest was racially motivated. Rodriguez v. Barr, 2019 U.S. App. LEXIS 34754 (2d Cir. Nov. 21, 2019).
Defendant’s admission that he had a gun only came when the unreasonable frisk began. Motion to suppress both granted. United States v. White, 2019 U.S. Dist. LEXIS 201139 (E.D. Micn. Nov. 20, 2019).*