Case: 18-15161 Date Filed: 10/18/2019 Page: 1 of 17 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-15161 Non-Argument Calendar ________________________ Agency No. A216-030-925 HERNAN ADRIANO MEZA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 18, 2019) Before JILL PRYOR, ANDERSON and HULL, Circuit Judges. PER CURIAM: Case: 18-15161 Date Filed: 10/18/2019 Page: 2 of 17 Hernan Adriano Meza, through counsel, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his motion to suppress his passport and to terminate his removal proceedings. Meza’s petition for review raises three arguments: (1) that the immigration court lacked jurisdiction over his removal proceedings because his notice to appear (“NTA”) did not indicate the time and date of his removal hearing, citing Pereira v. Sessions, 585 U.S. ___, 138 S. Ct. 2105 (2018); (2) that the agency improperly denied his motion to suppress; and (3) that the IJ violated his due process rights by denying his request to subpoena two ICE agents. After review, we deny Meza’s petition for review. I. BACKGROUND FACTS A. Meza’s Detention by ICE Agents Before 6:00 a.m. on June 29, 2017, two officers approached Meza while he was walking in the parking lot of his apartment complex on his way to work. Unbeknowst to Meza, the officers were ICE agents. The agents blocked Meza’s path with two cars, one in front and one in back. One of the agents grabbed Meza by the shoulder, put Meza’s hand behind his back, and slammed Meza against a car. Meza does not allege, however, any injuries from this brief encounter. The ICE agents, who were wearing police vests and guns, told Meza they were police and that they were looking for a specific person. Meza, who was afraid, 2 Case: 18-15161 Date Filed: 10/18/2019 Page: 3 of 17 volunteered his name and admits he voluntarily got out his Georgia identification card to show the agents he was not the person for whom they were looking. The agents said, “let’s go,” and escorted Meza back to his apartment. 1 Once at Meza’s apartment door, the agents asked Meza whether he had a gun, and Meza said no. The agents also asked him how many people were inside, and Meza told them his family was inside. The agents asked Meza to open the door. Meza took out his own key and unlocked and opened the door. Meza explained that he felt threatened by the agents, who were tall and big and were wearing guns, and that he did not feel free to leave. Meza admitted, however, that the agents did not force him to open the door or take their guns out of the holsters. Moreover, when pressed, Meza would not state that the agents actually threatened him, saying instead only that he “felt pressure, because [he] had nowhere else to go.” Meza explained ...
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