NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 28 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAN MATIAS RAUDA, No. 19-72868 Petitioner, Agency No. A209-189-278 v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted January 13, 2021 San Francisco, California Before: BEA and M. SMITH, Circuit Judges, and RESTANI,** Judge. Willian Matias Rauda, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal, which adopted and affirmed the Immigration Judge’s (“IJ”) denial of a motion to suppress, denial of a motion for issuance of a subpoena, and denial of eligibility for * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jane A. Restani, Judge for the United States Court of International Trade, sitting by designation. relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252(a)(1). For the following reasons, we deny the petition. Matias Rauda entered the United States without authorization in 2014 and settled initially in San Francisco. Soon after relocating to Maryland, Matias Rauda was arrested by local police in connection with a gang-related shooting. Matias Rauda pleaded guilty to a first-degree assault charge and received a suspended sentence of twenty years imprisonment. Local officials refused to honor an immigration detainer filed by Immigration and Customs Enforcement (“ICE”) and released Matias Rauda in 2017. Thereafter, Matias Rauda moved into a residence near San Francisco with his now-wife, the couples’ infant child, and several other individuals. ICE subsequently located Matias Rauda and dispatched officers to the residence to execute an outstanding immigration warrant. ICE officers entered the residence with the consent of a co-occupant, located Matias Rauda in a bedroom shared with his now-wife and two infant children, and placed him under arrest. While in custody, Matias Rauda admitted to his Salvadoran alienage and to his unlawful entry into the United States. ICE officials recorded the factual narrative of Matias Rauda’s arrest and post-arrest statements in an agency form known as the Record of Deportable/Inadmissible Alien (“Form I-213”). During removal proceedings, Matias Rauda moved to suppress the Form I- 2 213 on the ground that ICE officers violated the law by invading the residence without a judicial warrant and by using excessive force to execute the arrest. Matias Rauda also moved to subpoena a panoply of documents and live testimony pertaining to his arrest and ICE’s operational policies. The IJ denied both motions without a suppression hearing because the affidavits Matias Rauda submitted in support of the motions failed to establish a prima facie case for relief. The IJ ultimately sustained the charge of removability based on Matias Rauda’s post- arrest admissions recorded in the Form I-213. Matias Rauda then moved for deferral of removal under the CAT based on prior torture experienced as a ...
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