U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals

Office of the Clerk
5 /07 Leesburg Pike, Suite 2000
Falls Church. Virginia 20530

OHS/ICE Office of Chief Counsel - CHL

Goodman, Carr, Laughrun,

Levine & Greene
301 S. McDowell St., #602

5701 Executive Ctr Dr., Ste 300

Charlotte, NC 28212

Charlotte, NC 28204-0000

Name: FUENTES, JOSE NEFTAN

A 089-955-126

Date of this notice: 10/28/2014

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

DCWtL caAA.J
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Adkins-Blanch, Charles K.

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Jose Neftan Fuentes, A089 955 126 (BIA Oct. 28, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

Heroy, W. Rob., Esq.

#' .
,

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 20530

File:

A089 955 126

Date:

Charlotte, NC

OCT 182014

In re: JOSE NEFTAN FUENTES

APPEAL AND MOTION

ON BEHALF OF RESPONDENT:

W. Rob Heroy, Esquire

Melissa K. Metz

ON BEHALF OF DHS:

Assistant Chief Counsel

APPLICATION: Termination of proceedings; motion to suppress

This case is before the Board pursuant to an August 21, 2012, order of the United States

Court of Appeals for the Fourth Circuit which granted the Government's motion to remand. In
its motion, the Government sought remand for the Board ''to determine whether and how the

video evidence should be considered" and if such evidence is to be admitted into the record then

the Board should determine ''whether the contents of the video recording should be presented in

another format or by other means to facilitate its include in the Certified Administrative

Record".1 Subsequently, the Department of Homeland Security (DHS) filed a brief in which it
asks that the Board forward the flash drive to the Fourth Circuit for its consideration as part of

the petition for review.

flash drive.

The respondent has filed a motion to accept evidence and submitted a

Neither party's filing addressed the issue of whether and how electronic media

evidence should be considered by the Immigration Judge and the Board.

The record will be remanded to the Immigration Judge for consideration of the electronic

media evidence, although we note that the respondent

has not submitted any evidence to show

that the information on the flash drive is in a format or program that is safely accessible on

government property. The flash drive containing video evidence may contain relevant evidence

on the issue of the respondent's alleged pretextual traffic stop by the Mecklenburg County, North
Carolina, police. Such evidence may provide support for the respondent's claim that the police

have a pattern of pretextual stops and illegal arrests based upon racial profiling that cannot be

obtained from solely the testimony of the respondent or any witnesses and therefore is directly

relevant to the issue of whether the motion to suppress should be granted. At the remanded
hearing, the Immigration Judge shall make findings of fact regarding the contents of the video
1 The respondent submitted two video recordings, via a flash drive, his motion to suppress

evidence which was filed with the Immigration Judge. The videos, via another flash drive, were

also submitted with the respondent's appeal brief to the Board. The flash drive contents were not
explicitly entered into evidence nor were its contents transcribed, summarized, or otherwise

memorialized in the record.

Cite as: Jose Neftan Fuentes, A089 955 126 (BIA Oct. 28, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

...

'

A089

955 126

recordings on the flash drive and may order,

as

appropriate, additional filings by the parties

regarding the video evidence, such as a transcript or stipulation of the contents.

Accordingly, the following order will be entered:

ORDER: The record is remanded to the Immigration Judge for further proceedings and the

Cite as: Jose Neftan Fuentes, A089 955 126 (BIA Oct. 28, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

entry of a new decision.