Mosqueda-Araujo

MEMORANDUM ***

Juana Mosqueda-Araujo (“Mosqueda”) petitions for review of the BIA’s dismissal *88 of her appeal of the Immigration Judge (“IJ”)’s removal order. Mosqueda contends that she was seized by a Border Patrol agent in the absence of reasonable suspicion, and that she was prejudiced by the agent’s violation of 8 C.F.R. § 287.3 , a regulation that requires in most cases that an alien be examined by an officer other than the arresting officer. Mosqueda further argues that the IJ erred by informing her that she could not testify at her removal hearing without waiving her Fifth Amendment right not to answer questions concerning her alienage and immigration status. Our review is limited to the BIA’s decision, except to the extent that the BIA expressly adopted the IJ’s opinion. See Singh v. Ashcroft, 351 F.3d 435, 438 (9th Cir.2003). We review the BIA’s legal conclusions de novo, subject to deference to the BIA’s interpretation of the Immigration and Nationality Act. Murillo-Espinoza v. INS, 261 F.3d 771, 773 (9th Cir.2001).

Although the exclusionary rule does not generally apply in immigration proceedings, the Supreme Court has left open the possibility of using the…