Lucero

MEMORANDUM **

Maria de Lourdes Gomez Lucero (“Gomez Lucero”) petitions for review of a BIA order dismissing her appeal. The IJ denied Gomez Lucero’s motion to terminate the proceedings and ordered her removed from the United States. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Gomez Lucero argued before the IJ that her statements recorded on Form 1213 (Record of Deportable/Inadmissible Alien) should be suppressed because her request to speak with her attorney while in secondary inspection was denied in violation of her regulatory and constitutional rights. Our review of these questions of law is de novo. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003).

The exclusionary rule is generally not applicable in removal proceedings, except in cases of “egregious” conduct that “transgress[es] notions of fundamental fairness and undermine[s] the probative value of the evidence obtained.” Gonzalez-Rivera v. INS, 22 F.3d 1441, 1448 (9th Cir.1994) (quoting INS v. Lopez-Mendoza, 468 U.S. 1032, 1050-51 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984)). No such conduct occurred in this case. First, Gomez Lucero’s regulatory right to counsel was not…