Otto Escalante-De Leon v. Eric H. Holder, Jr., No. 13-2409 (8th Cir. 2014)

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Court Description: Petition for Review - Immigration. BIA decision upholding the IJ's decision to deny petitioner's motion to suppress evidence is affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2409 ___________________________ Otto Escalante-De Leon lllllllllllllllllllllPetitioner v. Eric H. Holder, Jr., Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: May 6, 2014 Filed: May 7, 2014 [Unpublished] ____________ Before BYE, GRUENDER, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Guatemalan citizen Otto Escalante-De Leon petitions for review of an order of the Board of Immigration Appeals, which upheld an immigration judge s decision denying his motion to suppress evidence used by the government to establish his removability. After careful review, we find no basis for reversal. See Martinez Carcamo v. Holder, 713 F.3d 916, 921 (8th Cir. 2013) (in removal actions, this court reviews legal issues de novo, and reviews factual findings for support by substantial evidence); Lopez-Gabriel v. Holder, 653 F.3d 683, 686-87 (8th Cir. 2011) (concluding that evidentiary hearing and suppression of evidence were not warranted where record did not support either alien s assertion that his stop and arrest were racially motivated, or his assertion that questioning by immigration agents was coercive). Accordingly, we deny the petition. See 8th Cir. R. 47B. ______________________________ -2-

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