NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANDRES CRUZ-GRANILLO, AKA No. 15-72232
Andres Granillo Cruz,
Agency No. A205-065-439
Petitioner,
v. MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Andres Cruz-Granillo, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying asylum, withholding of removal, and
protection under the Convention Against Torture (“CAT”). We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under 8 U.S.C. § 1252. We review de novo the denial of a motion to suppress, and
claims of constitutional violations. Martinez-Medina v. Holder, 673 F.3d 1029,
1033 (9th Cir. 2011). We review for substantial evidence the agency’s factual
findings, applying the standards governing adverse credibility determinations
created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th
Cir. 2010). We deny the petition for review.
The agency did not err in denying Cruz-Granillo’s motion to suppress the
Form I-213 and terminate proceedings, where Cruz-Granillo did not demonstrate
that the information in the Form I-213 was obtained through an egregious violation
of the Fourth Amendment. See Lopez-Rodriguez v. Mukasey, 536 F.3d 1012, 1018
(9th Cir. 2008) (a Fourth Amendment violation is egregious if evidence is obtained
by a deliberate violation of the Fourth Amendment, or by conduct a reasonable
officer should have known is in violation of the Constitution).
The agency did not err or violate Cruz-Granillo’s due process rights by
admitting the Form I-213 into evidence, where the Form I-213 was probative, its
admission was fundamentally fair, and Cruz-Granillo did not show that it
contained information that was inaccurate or obtained by coercion. See Sanchez v.
Holder, 704 F.3d 1107, 1109 (9th Cir. 2012); Espinoza v. INS, 45 F.3d 308, 310
(9th Cir. 1995) (“[I]nformation on an authenticated immigration form is presumed
to be reliable in the absence of evidence to the contrary presented by the alien.”);
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Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial
prejudice to prevail on a due process claim).
We reject Cruz-Granillo’s contention that he was entitled to confront the
preparer of the Form I-213 in court. See Espinoza, 45 F.3d at 311 (the immigration
judge was not required to permit cross-examination of the Form I-213’s preparer
absent evidence of unreliability).
Substantial evidence supports the agency’s adverse credibility determination
based on inconsistencies between Cruz-Granillo’s testimony and information
contained in his asylum application and the Form I-213. See Shrestha, 590 F.3d at
1048 (adverse credibility determination supported under the totality of
circumstances). Cruz-Granillo’s explanations do not compel a contrary result. See
Lata, 204 F.3d at 1245. In the absence of credible testimony, Cruz-Granillo’s
asylum and withholding of removal claims fail. See Jiang v. Holder, 754 F.3d 733,
740 (9th Cir. 2014).
Cruz-Granillo’s CAT claim also fails because it is based on the same
testimony the agency found not credible, and he does not point to any other
evidence that compels the conclusion that it is more likely than not he would be
tortured if returned to Mexico. See id. at 740-41.
In light of this disposition, we do not reach Cruz-Granillo’s remaining
contentions regarding his eligibility for relief. See Simeonov v. Ashcroft, 371 F.3d
3 15-72232
532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues
unnecessary to the results they reach).
PETITION FOR REVIEW DENIED.
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