Legal Opinion

Alexander Diaz Martinez v. Jefferson Sessions

Court of Appeals for the Ninth Circuit

Decided June 29, 2017No. 12-71822Unpublished

1Opinion of the Court

MEMORANDUM **

Petitioner Alexander Diaz-Martinez timely seeks review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the immigration judge’s (“U”) order finding him removable. We deny the petition.

1. The BIA correctly held that the admission of Petitioner’s earlier statements and other evidence violated neither 8 C.F.R. § 287.3(c) nor the Fifth Amendment. Because Petitioner’s earlier statements were made days before the issuance of the notice to appear, § 287.3(c) does not apply. Samayoa-Martinez v. Holder, 558 F.3d 897, 901-02 (9th Cir. 2009); In re E-R-M-F-, 25 I. &…

2Cases cited7 opinions

Roberto Silva-Pereira v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
Daniel Salvador Hernandez-Guadarrama v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
UNITED STATES of America, Plaintiff-Appellee, v. Francisco SOLANO-GODINES, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
Samayoa-Martinez v. HolderCourt of Appeals for the Ninth Circuit · 2009
Antonio Perez-Arceo v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016

2 more not listed; retrieve them via the Exa API.