Misael Hernandez v. Eric H. Holder, Jr. , 585 F. App'x 919 ( 2014 )

United States Court of Appeals
For the Eighth Circuit
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No. 14-1933
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Misael Sierra Hernandez
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: December 1, 2014
Filed: December 5, 2014
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Misael Sierra Hernandez, a native and citizen of Mexico, 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, Hernandez argues he suffered an egregious violation of his
Fourth Amendment rights during the traffic stop that led to the deportation
proceedings underlying his removal; and he was detained in violation of 8 C.F.R.
§ 287.7(d) (when Department of Homeland Security issues detainer for alien not
otherwise detained by criminal justice agency, agency shall maintain custody of alien
for period not to exceed 48 hours, excluding weekends and holidays, to permit
assumption of custody). After careful review, see Martinez Carcamo v. Holder, 713
F.3d 916, 921 (8th Cir. 2013) (standard of review), we deny the petition, because we
agree with the BIA that (1) Hernandez did not make a prima facie showing that he
suffered the alleged Fourth Amendment violation, see Lopez-Fernandez v. Holder,
735 F.3d 1043, 1047 (8th Cir. 2013); and (2) even if a violation of the 48-hour limit
in section 287.7(d) occurred, Hernandez failed to show resulting prejudice, see Rajah
v. Mukasey, 544 F.3d 427, 446-47 (2d Cir. 2008).
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