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Guzman-Alcocer v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 14, 2018
No. 16-71826 (9th Cir. Jun. 14, 2018)

Opinion

No. 16-71826

06-14-2018

ARTURO GUZMAN-ALCOCER, AKA Ramiro Arturo Guzman-Alcocer, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A093-161-478 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Arturo Guzman-Alcocer, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his motion to suppress evidence and terminate removal proceedings, and ordering him removed. We have jurisdiction under 8 U.S.C. § 1252. We review de novo constitutional claims and questions of law. Sanchez v. Sessions, 870 F.3d 901, 907 (9th Cir. 2017). We deny the petition for review.

The agency did not err in denying Guzman-Alcocer's motion to suppress and terminate, where he failed to meet his burden of showing prima facie evidence that the government violated his confidentiality rights. See id. at 908 (for the exclusionary rule to apply in civil removal proceedings, a noncitizen must present prima facie evidence that his rights were violated). Accordingly, Guzman-Alcocer's due process claim also fails. See Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014) ("To prevail on a due-process claim, a petitioner must demonstrate both a violation of rights and prejudice.")

PETITION FOR REVIEW DENIED.


Summaries of

Guzman-Alcocer v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 14, 2018
No. 16-71826 (9th Cir. Jun. 14, 2018)
Case details for

Guzman-Alcocer v. Sessions

Case Details

Full title:ARTURO GUZMAN-ALCOCER, AKA Ramiro Arturo Guzman-Alcocer, Petitioner, v…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 14, 2018

Citations

No. 16-71826 (9th Cir. Jun. 14, 2018)