Robles-Martinez

MEMORANDUM **

Petitioner Saul Robles-Martinez (“Robles”) seeks review of the January 17, 2007 decision by the BIA affirming an IJ’s order of removal. The IJ found that Robles was removable under 8 U.S.C. *29 § 1182 (a)(6)(E)©. Robles claims that the IJ erred when he refused to exclude statements given in an 1-877 and recounted in an 1-213 on the ground that the confession contained therein was obtained either: (1) in violation of 8 C.F.R. § 287.3 (c); or (2) in violation of the Constitution because the circumstances surrounding the interrogation were unduly coercive, see Espinoza v. INS, 45 F.3d 308, 310 (9th Cir.1995); Cuevas-Ortega v. INS, 588 F.2d 1274, 1278 (9th Cir.1979).

Robles, a legal permanent resident, was arrested without a warrant after reentering the United States through the San Ysidro Port of Entry on April 22, 2006. His legal status was not at issue. Some ten hours after being taken into custody Robles was interrogated concerning the possible violation of federal criminal laws after being informed of the five year criminal sentence for making a false statement to a federal officer. He was not warned that he had a right to counsel or that any statements he made…