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Corado-Arriaza v. Lynch

United States Court of Appeals, First Circuit

December 19, 2016

GUSTAVO ALBERTO CORADO-ARRIAZA, Petitioner,
v.
LORETTA E. LYNCH, Attorney General of the United States, Respondent.

         PETITION 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.

          Before Lynch, Lipez, and Kayatta, Circuit Judges.

          LYNCH, Circuit Judge.

         Gustavo 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.

         The petition is denied.

         I.

         Corado-Arriaza, 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.[1]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.

         On that day, he was working as a cook in a restaurant in Wellesley, Massachusetts.[2] 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.

         Two of 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 license.

         After 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."

         When 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.

         Though 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 ...


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