Fregoso-Heredia

MEMORANDUM **

*483 Jose Guadalupe Fregoso-Heredia, a citizen of Mexico and permanent resident of the United States, petitions for review of a Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“I J”) order of removal finding him inadmissible for alien smuggling under Section 212(a)(6)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (a)(6)(E)(i). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), and review for substantial evidence the agency’s findings of fact, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005). We deny the petition for review.

The IJ properly determined that Frego-so-Heredia was inadmissible and that his actions constituted alien smuggling as defined in 8 U.S.C. § 1182 (a)(6)(E)®, because he “provided some form of affirmative assistance to the illegally entering alien[s].” Altamimno, 427 F.3d at 592 .

We are not persuaded by Fregoso-Heredia’s due process contentions. First, evidence obtained without Miranda warnings is not excludable from deportation hearings on that basis. See Trias-Hernandez v. INS, 528 F.2d 366,…