Lorenzo Leon Mondragon v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LORENZO LEON MONDRAGON,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 14-71933
Agency No. A056-535-669
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN and N.R. SMITH, Circuit Judges.
Lorenzo Leon Mondragon, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order summarily affirming his appeal
from an immigration judge’s decision denying his motion to suppress evidence and
terminate removal proceedings, and ordering him removed. 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).
FILED
OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 14-71933
under 8 U.S.C. § 1252. We review de novo the denial of a motion to suppress and
questions of law. Martinez-Medina v. Holder, 673 F.3d 1029, 1033 (9th Cir.
2011). We deny the petition for review.
The agency did not err in denying Leon Mondragon’s motion to suppress
evidence and terminate removal proceedings, or in sustaining the removability
charge, because Samayoa-Martinez v. Holder forecloses his contention that his
statements to immigration officials at the border were obtained in violation of
8 C.F.R. § 287.3(c). 558 F.3d 897, 901-02 (9th Cir. 2009). Leon Mondragon
urges us to reconsider our holding in Samayoa-Martinez, but a three-judge panel
cannot overrule circuit precedent in the absence of an intervening decision from a
higher court or en banc decision of this court. See Avagyan v. Holder, 646 F.3d
672, 677 (9th Cir. 2011).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --