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MONTERO v. I.N.S.

No. 1512, Docket 96-4130.

124 F.3d 381 (1997)

Gloria Esperanza MONTERO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided August 28, 1997.

Attorney(s) appearing for the Case

Michael Wishnie, New York City (Lucas Guttentag, Judy Rabinovitz, Lee Gelernt, American Civil Liberties Union Foundation, Muzaffar Chishti, Catherine Waelder, Ira Jay Katz, Allison Rosenberg, Union of Needletrades, Industrial and Textile Employees, New York City, of counsel), for Petitioner.

Pierre M. Gentin, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney, Southern District of New York, Diogenes P. Kekatos, Steven M. Haber, Assistant United States Attorneys, New York City, of counsel), for Respondent.

(Stephen D. Hibbard, William D. Kissinger, Michael T. Pyle, Sindy Siegel, McCutchen, Doyle, Brown & Enersen, LLP, Michael Rubin, Altshuler, Berzon, Nussbaum, Berzon & Rubin, Maria Blanco, Golden Gate University School of Law, Sara Campos, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, of counsel), for Amicus Curiae.

MINER, Circuit Judge:

Petitioner Gloria Esperanza Montero petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming a finding of deportability by an immigration judge ("IJ"). The BIA determined that the IJ properly admitted evidence of petitioner's alien status, even though the evidence was obtained by the Immigration and Naturalization Service ("INS") as a result of a raid initiated in part on a tip from Montero's employer in furtherance...

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