Marcela Matias-Pablo v. Eric Holder, Jr.

Good Law
445 F. App'x 983
United States Court of Appeals for the Ninth CircuitAugust 5, 201110-70538California407 words

Opinion

Opinion

MEMORANDUM

Petitioners Marcela Matias-Pablo and Matea Pablo-Matias (Petitioners) petition for review of the decision of the Board of Immigration Appeals (BIA) denying their motions to suppress and applications for asylum and withholding of removal. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Petitioners’ claims are not advanced by their previous motion to suppress the evidence obtained through the immigration agents’ alleged Fourth Amendment violations. “[Ejven if such violations occurred, they would not prevent reliance by the Board ... on petitioners’ voluntary admission of illegal entry at the subsequent [removal] hearing.” Magallanes-Damian v. INS, 783 F.2d 931 , 984 (9th Cir.1986) (alterations and internal quotation marks omitted) (collecting cases). Petitioners’ “admission[s] constitute[ ] substantial evidence” supporting the BIA’s conclusion that they were subject to removal. Rodriguez-Gonzalez v. INS, 640 F.2d 1139, 1140 (9th Cir.1981).

We have jurisdiction to review the BIA’s application of 8 U.S.C. §…

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