Maria Sarabia Rodriguez v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Maria Sarabia Rodriguez v. Eric H. Holder Jr., 401 F. App'x 212 (9th Cir. 2010)

Maria Sarabia Rodriguez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Maria Luisa Sarabia Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for cancellation of removal. We *213 have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence findings of fact, Urzua Covarrubias v. Gonzales, 487 F.3d 742, 744 (9th Cir. 2007), and review de novo questions of law, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir. 2005). We deny the petition for review.

Substantial evidence supports the agency’s determination that Sarabia Rodriguez was ineligible for cancellation of removal as an alien smuggler for knowingly attempting to smuggle her brother into the United States. See 8 U.S.C. § 1182(a)(6)(E)(i); Altamirano, 421 F.3d at 592; see also Gui v. INS, 280 F.3d 1217, 1225 (9th Cir. 2002).

Sarabia Rodriguez’s due process rights were not violated by the admission of her brother’s sworn statement and his Form 1-213 Record of Deportable/Inadmissible Alien because the documents were probative and their admission was fundamentally fair. See Espinoza v. INS, 45 F.3d 308, 310-11 (9th Cir. 1995); Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 681 (9th Cir. 2005). Sarabia Rodriguez’s contention that her statement to border officers was the result of coercion is unavailing because the agency did not rely on her statement.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Maria Luisa SARABIA RODRIGUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished