ESCOBAR

Interim Decision #2538 MATTER OF ESCOBAR In Deportation Proceedings A-21299769 Decided by Board October 18, 1976 Where the evidence establishing deportability was not obtained as a result of respondent's arrest, a claim of illegal arrest is not relevant to the proceedings; hence, counsel's motion for pre-hearing discovery seeking evidence that respondent's arrest was illegal, was properly denied since he failed to establish that the evidence sought was "essential" within the meaning of 8 C.F.R. 287.4(a)(2). CHARGE: Order: Act of 1952—Section 241(a)(2) [8 U.S.C. 1251(a)(2)J—Entered without…