FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS
Jonathan Ng, with whom Jason Panzarino and The Law Office of
Johanna Herrero were on brief, for petitioner.
Lindsay B. Glauner, Senior Litigation Counsel, Office of
Immigration Litigation, U.S. Department of Justice, with whom
Benjamin C. Mizer, Principal Deputy Assistant Attorney
General, and Linda S. Wernery, Assistant Director, were on
brief, for respondent.
Lynch, Lipez, and Kayatta, Circuit Judges.
Corado-Arriaza petitions for review of the Board of
Immigration Appeals' ("BIA") affirmance of an
immigration judge's ("IJ") denial of his motion
to suppress and consequent issuance of an order of removal.
We agree with the BIA's affirmance of the IJ's
conclusion that Corado-Arriaza did not present a prima facie
case that the search and seizure leading to his arrest
amounted to an egregious violation of the Fourth Amendment.
We see no need to reach the independent grounds that support
the BIA's conclusion.
petition is denied.
a native and citizen of Guatemala, entered the United States
in June 2005 on a B-2 visitor visa that permitted him to
remain in the United States until December
2005.Corado-Arriaza does not dispute that he
stayed in the United States beyond the expiration of his visa
and resided, without lawful status, in Massachusetts until he
was detained by United States Immigration and Customs
Enforcement ("ICE") agents on February 27, 2013.
day, he was working as a cook in a restaurant in Wellesley,
Massachusetts. At around 10:30 A.M., Corado-Arriaza's
manager and the head chef asked Corado-Arriaza to help them
with something. Corado-Arriaza followed the manager into a
fifteen-foot by fifteen-foot boiler room. Inside the room
were four men dressed in khakis and boots.
Corado-Arriaza's manager told him that the men wanted to
talk to Corado-Arriaza and then left the room.
the men moved in front of the door to block
Corado-Arriaza's exit. They then identified themselves as
ICE agents, and one of the agents asked him, "Are you
Gustavo Gomez?" The agent showed him some papers, which
he believed to be a warrant, that included a fuzzy
black-and-white photo of a man who Corado-Arriaza said
"was obviously not me." Corado-Arriaza told the
agent that his name was not Gustavo Gomez, but rather Gustavo
Corado-Arriaza. Corado-Arriaza later learned that Gustavo
Gomez was a man who had worked at the restaurant before him.
When the agent asked Corado-Arriaza for his identification,
Corado-Arriaza provided him with his Guatemalan driver's
Corado-Arriaza showed the agent his driver's license, the
agents handcuffed his hands behind his back and began to
question him about topics such as his date of birth and the
names of his children. At one point, Corado-Arriaza heard one
of the agents say, "It's not a match. The date of
birth and the name of the wife and son aren't the
same." Nonetheless, the agents continued to question
Corado-Arriaza about his identity, and they searched his
pockets and his wallet. Corado-Arriaza continued to tell them
that he was not the man for whom they were looking, and he
"feared that it was going to go on and on if I
didn't answer all of their questions."
asked by the agents whether he had a green card,
Corado-Arriaza answered "no, " and did so
"because I didn't feel like I had any option but to
answer their questions." At some point, Corado-Arriaza
told the agents that his passport was in his jacket in the
restaurant. After the agents retrieved the jacket, they asked
Corado-Arriaza how he had come to the United States, and he
told them that he had arrived on a visa.
the agents were carrying firearms, they did not brandish them
or point them at Corado-Arriaza. Nor does he allege that the
agents yelled at him or threatened him. Corado-Arriaza did
state, however, that the agents ...