Roberto Silva-Mondragon v. Eric Holder, Jr.

MEMORANDUM

Roberto Silva-Mondragon, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, including constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The agency did not err in admitting Silva-Mondragon’s Form 1-213 where Silva-Mondragon did not demonstrate that the Form 1-213 was obtained through an egregious violation of the Fourth Amendment. See Orhorhaghe v. INS, 38 F.3d 488, 492-93 (9th Cir.1994). The Form I-213 was probative and Silva-Mondragon does not claim that he was coerced into giving the information in the 1-213 or that the information it contains is incorrect. See Espinoza v. INS, 45 F.3d 308, 310 (9th Cir.1995) (Admission of a Form 1-213 “is fair absent evidence of coercion or that the statements are not those of the petitioner.”); see also Lopez-Chavez v. INS, 259 F.3d 1176, 1178 (9th Cir.2001) (alienage can be proven with a properly authenticated Form 1-213).

Silva-Mondragon’s claim that he was prevented from…