Case: 16-16117 Date Filed: 08/23/2018 Page: 1 of 17 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16117 ________________________ Agency No. A205-854-783 JOSE OSBALDO BATRES-GARAY, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals _______________________ (August 23, 2018) Before WILLIAM PRYOR and MARTIN, Circuit Judges, and WOOD, * District Judge. PER CURIAM: * Honorable Lisa Godbey Wood, United States District Judge for the Southern District of Georgia, sitting by designation. Case: 16-16117 Date Filed: 08/23/2018 Page: 2 of 17 This petition for review of a decision of the Board of Immigration Appeals requires us to decide whether the Board erred when it denied Jose Osbaldo Batres- Garay’s motion to suppress evidence of his alienage without an evidentiary hearing and to terminate his removal proceedings. Batres, a native and citizen of El Salvador, declared that officers lacked consent when they entered the apartment that he shared with his brother’s family around 5:30 a.m. The immigration judge disregarded Batres’s description of the officers’ entry because he failed to state that he had firsthand knowledge of it, and the immigration judge ruled that Batres was not entitled to an evidentiary hearing on his motion to suppress. The immigration judge then ordered Batres removed from the United States. The Board later dismissed Batres’s appeal. Batres contends that he established a prima facie case that the officers violated the Fourth and Fifth Amendments and several federal regulations. We deny Batres’s petition in part and dismiss it in part. I. BACKGROUND Deportation officers of Broward County Fugitive Operations apprehended Jose Osbaldo Batres-Garay, a citizen of El Salvador who had not been admitted, inspected, or paroled into the United States, when the officers searched the apartment where Batres lived with his brother’s family. While Batres was sleeping around 5:30 a.m., he was “awakened by loud voices outside [of their] apartment.” Batres “did not pay attention” or “get ou[t] of [his] bed.” He heard knocks on the 2 Case: 16-16117 Date Filed: 08/23/2018 Page: 3 of 17 door, but still remained in bed. Officers then entered the bedroom where Batres “was sleeping . . . without . . . knocking on [his] door[,] yelled at him[,] and told [him] to get up and that [he] was under arrest.” The officers “pulled [Batres] out of [his] bed wearing only [his] underwear,” refused to allow him to get dressed, and brought him into the living room. After an officer “demand[ed]” Batres’s identification, he told them that his passport was in the car, and Batres’s sister-in- law and one of the officers went to obtain it. The officers remained in the apartment for about 30 to 45 minutes after they told Batres that he was under arrest. They then left without taking Batres or his relatives anywhere. Agent A. Arman, one of the officers, submitted a Form I-213, Record of Deportable/Inadmissible Alien, after his encounter with Batres. On that form, he stated that ...
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