Cerros-Ramon v. Sessions


16‐3747‐ag Cerros‐Ramon v. Sessions UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 24th day of April, two thousand eighteen. PRESENT: RICHARD C. WESLEY, DENNY CHIN, Circuit Judges, DENISE COTE, Judge.* ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x MARTIN CERROS‐RAMON, Petitioner, v. 16‐3747‐ag JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x FOR PETITIONER: ANNE E. DOEBLER, Buffalo, New York. * Denise Cote, of the United States District Court for the Southern District of New York, sitting by designation. FOR RESPONDENT: ROBERT M. STALZER, Trial Attorney (Chad A. Readler, Acting Assistant Attorney General, Kiley Kane, Senior Litigation Counsel, Annette M. Wietecha, Trial Attorney, on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, D.C. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (ʺBIAʺ) decision, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Martin Cerros‐Ramon, a native and citizen of Mexico, seeks review of an October 17, 2016 decision of the BIA affirming a March 19, 2015 decision of an Immigration Judge (ʺIJʺ) ordering Cerros‐Ramonʹs removal and a February 24, 2015 IJ decision denying Cerros‐Ramonʹs motion to suppress. In re Martin Cerros‐Ramon, No. A 200 562 553 (B.I.A. Oct. 17, 2016), aff’g No. A 200 562 553 (Immig. Ct. Buffalo Feb. 24 and Mar. 19, 2015). On appeal, Cerros‐Ramon principally contends that the agency erred by failing to require the government to rebut his prima facie case for suppressing Form I‐213. He argues that the contents of Form I‐213, which the government relied on to establish his removability, were derived from an illegal traffic stop. We assume the partiesʹ familiarity with the underlying facts, procedural history, and issues on appeal. ʺWhen the BIA does not expressly adopt the IJʹs decision, but its brief opinion closely tracks the ...

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