FILED
NOT FOR PUBLICATION SEP 17 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUIS AURELIO PEREZ-ROMERO, No. 11-71507
Petitioner, Agency No. A076-338-711
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Luis Aurelio Perez-Romero, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his motion to suppress evidence and
terminate proceedings, and ordering him removed. We have jurisdiction under 8
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1252. We review de novo questions of law, and review for substantial
evidence the agency’s factual findings. Aguilar Gonzalez v. Mukasey, 534 F.3d
1204, 1208 (9th Cir. 2008). We deny the petition for review.
The agency did not err in denying Perez-Romero’s motion to suppress his
statements in the Form I-213 and videotaped interview. Contrary to Perez-
Romero’s contention, the agency was not required to suppress his statements on
the ground that he was not given Miranda warnings before being questioned. See
Trias-Hernandez v. INS, 528 F.2d 366, 368-69 (9th Cir. 1975) (Miranda warnings
are not required in the removal context). Perez-Romero has waived any challenge
to the agency’s determination that the questioning officers committed no
regulatory violations that would require suppression. See Martinez-Serrano v. INS,
94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not raised in the opening brief are
waived).
Substantial evidence supports the agency’s finding that Perez-Romero is
removable due to alien smuggling, where the record reflects that he engaged in
affirmative acts in aid of a smuggling attempt. See 8 U.S.C. § 1182(a)(6)(E)(i);
Aguilar Gonzalez, 534 F.3d at 1208-09. Perez-Romero’s contention that the
agency was required to accept his testimony as true in the absence of an explicit
2 11-71507
adverse credibility determination is foreclosed by Aboufayad v. Holder, 632 F.3d
623, 631 (9th Cir. 2011).
Perez-Romero’s contention that the BIA failed to address his motion to
remand in light of Aguilar Gonzalez is not supported by the record.
PETITION FOR REVIEW DENIED.
3 11-71507