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Warrantless Arrests and the Timing of Right to Counsel Advisals

Released on Fri, Nov 02, 2012

Challenging Matter of E-R-M-F- & A-S-M-:
Warrantless Arrests and the Timing of Right to Counsel Advisals

Washington, D.C.In Matter of E-R-M-F- & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding that certain noncitizens arrested without a warrant need not be advised of their rights, including the right to counsel, prior to post-arrest examinations. In a new practice advisory, Challenging Matter of E-R-M-F- & A-S-M-:  Warrantless Arrests and the Timing of Right to Counsel Advisals, the LAC highlights flaws in the E-R-M-F- decision and suggests strategies for challenging the BIA’s reading of § 287.3(c) and moving to suppress evidence obtained in violation of the regulation.

The Legal Action Center encourages attorneys with ongoing cases involving the timing of the 8 C.F.R. § 287.3(c) advisals to contact clearinghouse@immcouncil.org for further information.

For a complete list of all LAC practice advisories, please visit the LAC’s website.

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For more information, contact clearinghouse@immcouncil.org.

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