Timothy Skalsky v. Independent School District

United States Court of Appeals
For the Eighth Circuit
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No. 13-3780
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Cesar Gustavo Aldana
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney General of United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: November 7, 2014
Filed: November 17, 2014
[Unpublished]
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Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Cesar Gustavo Aldana, a native and citizen of Guatemala, 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 and ordering him removed.
In support of his petition, Aldana argues that the immigration judge erred in failing
to hold a suppression hearing because the facts alleged in the affidavits submitted by

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Aldana showed that he suffered an egregious violation of his Fourth Amendment
rights during the traffic stop that led to the deportation proceedings underlying his
removal. After careful review, we deny the petition because we conclude that Aldana
did not make a prima facie showing that he suffered the alleged violation. See
Martinez Carcamo v. Holder, 713 F.3d 916, 921 (8th Cir. 2013) (standard of review);
Lopez-Fernandez v. Holder, 735 F.3d 1043, 1047 (8th Cir. 2013) (“Only after
presenting [a] prima facie case is an evidentiary suppression hearing warranted.”).
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