Mariano Matias-Mendoza v. Eric Holder, Jr.

MEMORANDUM

Petitioner Mario Matias-Mendoza (Mati-as-Mendoza) petitions for review of the decision of the Board of Immigration Appeals (BIA) denying his motion to suppress and his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because the BIA agreed with and adopted the pertinent findings and conclusions of the Immigration Judge (IJ), we review both decisions. Kaur v. Ashcroft, 388 F.3d 734, 736 (9th Cir.2004). As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition.

With respect to the suppression motion, substantial evidence supports the BIA’s factual finding that Matias-Mendo-za’s brother consented to the agents’ entry into Matias-Mendoza’s apartment. See Lopez-Rodriguez v. Mukasey, 536 F.3d 1012, 1015 (9th Cir.2008). The Government therefore met its burden of showing “legally sufficient consent” for the agents’ warrantless entry. Id. at 1016 . In addi tion, Matias-Mendoza was not “seized” for Fourth Amendment purposes because, as the IJ found, he voluntarily talked with the agents and admitted his unlawful entry into the United States.…