PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2330 JAIRO FERINO SANCHEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. ------------------------------------------------------ ACLU OF MARYLAND; AMERICAN IMMIGRATION COUNCIL; NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, Amici Supporting Petitioner. On Petition for Review of an Order of the Board of Immigration Appeals. Argued: January 25, 2018 Decided: March 27, 2018 Before MOTZ and DIAZ, Circuit Judges, and Robert J. CONRAD, Jr., United States District Judge for the Western District of North Carolina, sitting by designation. Petition denied by published opinion. Judge Motz wrote the opinion, in which Judge Diaz and Judge Conrad joined. ARGUED: Barry Dalin, UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL OF LAW, Baltimore, Maryland, for Petitioner. Kohsei Ugumori, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Matthew E. Price, JENNER & BLOCK, LLP, Washington, D.C., for Amicus American Immigration Council. ON BRIEF: Maureen A. Sweeney, Supervising Attorney, Adilina Malavé, Third Year Law Student, Anne Brenner, Third Year Law Student, University of Maryland Carey Immigration Clinic, UNIVERSITY OF MARYLAND FRANCIS KING CAREY SCHOOL OF LAW, Baltimore, Maryland, for Petitioner. Chad A. Readler, Acting Assistant Attorney General, Emily Anne Radford, Assistant Director, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Sejal Zota, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, Boston, Massachusetts, for Amicus National Immigration Project of the National Lawyers Guild. Deborah A. Jeon, Nicholas Steiner, AMERICAN CIVIL LIBERTIES UNION OF MARYLAND, Baltimore, Maryland, for Amicus ACLU of Maryland. Melissa Crow, AMERICAN IMMIGRATION COUNCIL, Washington, D.C., for Amicus American Immigration Council. 2 DIANA GRIBBON MOTZ, Circuit Judge: After questioning Jairo Ferino Sanchez and learning that he had entered the country illegally, state police officers detained and then transported him to Immigration and Customs Enforcement (“ICE”). An Immigration Judge (“IJ”), in a decision affirmed by the Board of Immigration Appeals (“BIA”), rejected Sanchez’s motion to suppress the statements he made to the state officers and ICE, and ordered his voluntary departure. Sanchez now petitions for review. For the reasons that follow, we must deny that petition. I. A. On May 22, 2009, Maryland Transportation Authority Police (“MdTAP”) Officer Acker stopped Jose Alberto Badillo Taylor (“Badillo”) for a traffic violation. Badillo failed to produce a valid license and Officer Acker noticed that the car had exposed ignition wiring and lacked a steering column, indicating that perhaps it had been stolen. When Badillo explained that the car, a Nissan, belonged to a friend, Officer Acker directed Badillo to call the Nissan’s owner, Juventino Tenorio Davila (“Tenorio”), to retrieve his car from the scene. At the time Tenorio received Badillo’s call, he was traveling in an Acura with Sanchez and another passenger, Seltik Ferino Sanchez (“Ferino”). Sanchez agreed to drive Tenorio and Ferino to Badillo’s location to retrieve the Nissan. 3 When the three men arrived on the scene, Sanchez parked the Acura about twenty to thirty feet in front of the Nissan. Sanchez, Tenorio, and Ferino remained inside the Acura with the ...
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