UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

August Term 2022

(Argued: October 13, 2022 Decided: June 15, 2023)

Docket No. 20-3079

LEON LEONARD MEDLEY,

Petitioner,

v.

MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL,

Respondent.

ON PETITION FOR REVIEW FROM THE BOARD OF IMMIGRATION APPEALS

Before: LEVAL, CHIN, and BIANCO, Circuit Judges. Petition for review of a decision of the Board of Immigration Appeals affirming the decision of an Immigration Judge denying petitioner's motions to terminate removal proceedings. Petitioner argues that regulatory and constitutional violations that occurred during his allegedly illegal arrest and interrogation required termination of the proceedings.

PETITION DENIED.

RYAN BREWER (Zoe Levine, on the brief), The Bronx Defenders, Bronx, New York, for Petitioner.

TIM RAMNITZ, Senior Litigation Counsel (Shelley R. Goad, Assistant Director, on the brief), for Brian Boynton, Assistant Attorney General Civil Division, U.S. Department of Justice, Washington, District of Columbia, for Respondent.

CHIN, Circuit Judge:

Petitioner Leon Leonard Medley seeks review of a June 25, 2019, decision of the Board of Immigration Appeals (the "BIA") affirming the decision of an Immigration Judge (the "IJ") denying his motions to terminate his removal proceedings. Medley is a 32-year-old native and citizen of Jamaica who entered the United States in 2006 and overstayed his visitor visa. On December 20, 2017,

2 Immigration and Customs Enforcement ("ICE") officers arrested Medley pursuant to a warrant issued by the Department of Homeland Security ("DHS"). In removal proceedings before the IJ, Medley argued that the immigration court lacked jurisdiction over his removal proceedings and the officers violated agency regulations and his fundamental rights during his arrest and interrogation. The IJ rejected the jurisdictional argument and held that termination of the removal proceedings was not warranted because evidence of Medley's removability existed independent of any evidence obtained as a result of his arrest. The BIA affirmed. We agree that the agency had jurisdiction and that termination of the removal proceeding was not warranted. Accordingly, we deny the petition for review.

BACKGROUND I. The Facts

The following facts are drawn from Medley's affidavit in support of his multiple motions to terminate and the Form I-213 submitted by DHS detailing the circumstances of his arrest. See S. App'x at 37-43; A.R. at 1865-68. As noted below, some facts are sharply disputed.

3 Medley last entered the United States on June 7, 2006, on a non- immigrant visa and was authorized to stay until December 6, 2006. He remained in the country beyond that date, settling in the New York area. He is married to a U.S. citizen and has three U.S. citizen children.

From 2009 to 2017, Medley was arrested thirty-two times and charged with, inter alia, assault, attempted assault, resisting arrest, strangulation, endangering the welfare of a child, burglary, criminal mischief, domestic violence, menaci