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 2010-07

Maria Blanco v. Eric H. Holder Jr. , 386 F. App'x 734 ( 2010 )


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  •                                                                            FILED
NOT FOR PUBLICATION                            JUL 12 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA E. BLANCO,                                 No. 08-71085
Petitioner,                       Agency No. A093-084-028
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before:        ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Maria E. Blanco, 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 finding that she knowingly participated in alien
smuggling in violation of
    8 U.S.C. § 1182
    (a)(6)(E)(i). We have jurisdiction under
*
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).
    8 U.S.C. § 1252
    . We review de novo questions of law and due process claims, and
for substantial evidence the agency’s factual findings. Mohammed v. Gonzales,
    400 F.3d 785
    , 791-92 (9th Cir. 2005). We deny the petition for review.
The BIA properly rejected Blanco’s contention regarding the reliability of
the Form I-213 where Blanco filed before the IJ a statement of non-objection to the
admission of the form. See Espinoza v. INS,
    45 F.3d 308
    , 310-11 (9th Cir. 1995);
see also Samayoa-Martinez v. Holder,
    558 F.3d 897
    , 901-02 (9th Cir. 2009)
(procedural rights under 8 C.F.R § 287.3 attach only when formal removal
proceedings commence).
According to the Form I-213, Blanco planned to smuggle her undocumented
sister into the United States, arranged for her husband and friend to provide
assistance, and planned for her sister to stay with her upon arrival in the United
States. Blanco therefore “provided some form of affirmative assistance to the
illegally entering alien.” See Altamirano v. Gonzales,
    427 F.3d 586
    , 592 (9th Cir.
2005).
PETITION FOR REVIEW DENIED.
2                                   08-71085