Maldonado-Mendoza v. Mukasey
Maldonado-Mendoza v. Mukasey
Opinion of the Court
MEMORANDUM
Viviana Maldonado-Mendoza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to terminate proceedings and finding her inadmissible for participation in alien smuggling. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252. We review for substantial evidence the agency’s findings of fact. Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.
Maldonado-Mendoza claims that she did not know that the passenger she attempted to drive across the border lacked proper documentation to enter the United States. However, the immigration official who conducted Maldonado-Mendoza’s sworn interview testified that the I-213 form accurately reflected her statement that she did know this information.
We lack jurisdiction to review Maldonado-Mendoza’s contention that she was denied a full and fair hearing due to the government’s inability to identify a potential witness because she did not raise that issue to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (due process challenges that are “procedural in nature” must be exhausted).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.