Juan Aguirre-Sandoval v. Jefferson Sessions , 693 F. App'x 570 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 5 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN CARLOS AGUIRRE-SANDOVAL, No. 12-70507
Petitioner, Agency No. A077-060-254
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Juan Carlos Aguirre-Sandoval, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion to suppress evidence and
terminate removal proceedings, and ordering him removed. Our jurisdiction is
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
governed by 8 U.S.C. § 1252. We review de novo questions of law. Martinez-
Medina v. Holder, 673 F.3d 1029, 1033 (9th Cir. 2011). We deny in part and
dismiss in part the petition for review.
The agency did not err in denying Aguirre-Sandoval’s motion to suppress or
terminate proceedings, or in sustaining the charge of inadmissibility, because
Samayoa-Martinez v. Holder, 558 F.3d 897, 901-02 (9th Cir. 2009), forecloses his
contention that his statements to immigration officials at the border were obtained
in violation of 8 C.F.R. § 287.3(c). Aguirre-Sandoval urges us to reconsider our
holding in Samayoa-Martinez, but a three-judge panel cannot overrule circuit
precedent in the absence of an intervening decision from a higher court or en banc
decision of this court. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).
We also reject Aguirre-Sandoval’s contention that de Rodriguez-Echeverria v.
Mukasey, 534 F.3d 1047 (9th Cir. 2008) controls the result of his case.
We lack jurisdiction to consider Aguirre-Sandoval’s unexhausted
contentions regarding service of the list of legal service providers or errors in the
government’s evidence, including the Form I-213, Record of
Inadmissible/Deportable Alien and D-166, Report of Investigation. See Tijani v.
Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 12-70507