Panfilo Perez-Morales v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Panfilo Perez-Morales petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) August 17, 2007 order finding him removable as charged for alien smuggling, denying his application for cancellation of removal, and denying his request for voluntary departure. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition.

The BIA and IJ both properly concluded that immigration officers were not required to give Petitioner Miranda warnings. United States v. Solano-Godines, 120 F.3d 957, 960 (9th Cir.1997). In addition, substantial evidence supported the IJ’s finding that Petitioner was not under duress or coercion at the time he made inculpatory statements to Officer Condes at secondary inspection, which were memorialized in her report of investigation and admitted against Petitioner during his civil removal hearing. First, while Petitioner testified at the removal hearing that an officer at primary inspection pulled a gun on him, Officer Condes’ testimony as to the procedures for weapon use by immigration officers and Petitioner’s own testimony that he did not tell or could not…