Cesar Gustavo Aldana v. Eric H. Holder, Jr. , 583 F. App'x 560 ( 2014 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 13-3780
    ___________________________
    Cesar Gustavo Aldana
    lllllllllllllllllllllPetitioner
    v.
    Eric H. Holder, Jr., Attorney General of United States
    lllllllllllllllllllllRespondent
    ____________
    Petition for Review of an Order of the
    Board of Immigration Appeals
    ____________
    Submitted: November 7, 2014
    Filed: November 17, 2014
    [Unpublished]
    ____________
    Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    Cesar Gustavo Aldana, a native and citizen of Guatemala, petitions for review
    of an order of the Board of Immigration Appeals, which upheld an immigration
    judge’s decision denying his motion to suppress evidence and ordering him removed.
    In support of his petition, Aldana argues that the immigration judge erred in failing
    to hold a suppression hearing because the facts alleged in the affidavits submitted by
    Aldana showed that he suffered an egregious violation of his Fourth Amendment
    rights during the traffic stop that led to the deportation proceedings underlying his
    removal. After careful review, we deny the petition because we conclude that Aldana
    did not make a prima facie showing that he suffered the alleged violation. See
    Martinez Carcamo v. Holder, 
    713 F.3d 916
    , 921 (8th Cir. 2013) (standard of review);
    Lopez-Fernandez v. Holder, 
    735 F.3d 1043
    , 1047 (8th Cir. 2013) (“Only after
    presenting [a] prima facie case is an evidentiary suppression hearing warranted.”).
    ______________________________
    -2-
    

Document Info

Docket Number: 13-3780

Citation Numbers: 583 F. App'x 560

Judges: Colloton, Bowman, Shepherd

Filed Date: 11/17/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024