Tapia

Tapia v. Mukasey

Good Law
271 F. App'x 611
United States Court of Appeals for the Ninth CircuitMarch 25, 2008No. 06-73725California277 words

Opinion

Lead Opinion

MEMORANDUM **

Melina Tapia, a native and citizen of Mexico and lawful permanent resident, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision finding her removable for participating in alien smug *612 gling. 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). We deny the petition for review.

Contrary to Tapia’s contention, the IJ did not violate her due process rights by admitting her statements to immigration officials in the Form 1-213, Record of Inadmissible Alien, and a transcript of her sworn interview. See Cuevas-Ortega v. INS, 588 F.2d 1274, 1278 (9th Cir.1979) (“the bare assertion that a statement is involuntary is insufficient” to prove coercion); see also Espinoza v. INS, 45 F.3d 308, 310 (9th Cir.1995) (“The burden of establishing a basis for exclusion of evidence from a government record falls on the opponent of the evidence, who must come forward with enough negative factors to persuade the court not to admit it.”). Warnings under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966) are not required…

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