Mariscal-Sandoval

MEMORANDUM *

Mariscal-Sandoval petitions for review of a final order of exclusion by the Board of Immigration Appeals (“BIA”). The BIA affirmed without opinion the Immigration Judge’s (“U”) Order, which found Mariscal-Sandoval excludable from the United States for knowingly attempting to transport six undocumented aliens from Mexico into California. Because the parties are familiar with the facts of the case, we do not repeat them here.

I

Mariscal-Sandoval first challenges the IJ’s denial of his motion to suppress various documents and testimony offered by the government during his hearing, contending that this denial infringed his right to due process. We review claims of due process violations de novo. Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003). We review the IJ’s findings of fact, as well as any credibility determinations regarding witness testimony, for substantial evidence. Monjaraz-Munoz v. INS, 327 F.3d 892, 895 , amended by 339 F.3d 1012 (9th Cir.2003).

A

Mariscal-Sandoval argues that Inspector Thorpe’s written 1-213 Form regarding Mariscal-Sandoval’s confession to Inspector Padilla should have been excluded from the trial because it was unreliable and…