Vasquez-Trujillo

MEMORANDUM *

Petitioner Vasquez-Trujillo (Vasquez) appeals the order of the Board of Immigration Appeals (BIA), upholding the Immigration Judge’s (IJ) denial of Vasquez’s Motion to Suppress and finding that Vasquez is removable. Vasquez argues that he was entitled to Miranda warnings before being questioned by the FBI and INS respecting the legality of his immigration status, that INS agents violated their own procedure as outlined in 8 C.F.R. § 287.3 , and that the IJ violated his Fifth Amendment right to silence when he required Vasquez to disclose his country of origin. The facts and procedural history are known to the parties and we do not recount them here.

It is settled law in this jurisdiction that deportation proceedings are civil, and not criminal, in nature. See Trias-Hernandez v. INS, 528 F.2d 366 (9th Cir.1975); United States v. Alderete-Deras, 743 F.2d 645 (9th Cir.1984). Consequently, those Fifth and Sixth Amendment rights outlined in a Miranda-type warning are inapposite in the context of removal proceedings. Accordingly, we find that Vasquez was not entitled to a Miranda- type warning before voluntarily meeting in his home with FBI and INS agents and discussing…