Matter of Garcia-Flores, 17 I. & N. Dec. 325, 329 (BIA 1980) (adopting administrative exclusionary rule allowing respondent to exclude evidence where government violates a regulation intended to benefit the respondent who can show prejudice as the result of the violation).



Note: This remedy is rooted in the Fifth Amendment, but is a third remedy in addition to Fifth amendment and possibly egregious Fourth amendment violations. Thanks to Dan Kesselbrenner.

jurisdiction: 
BIA

 

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