Herrera-Torres v. Holder , 381 F. App'x 685 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICARDO HERRERA-TORRES; No. 07-74394
JANETH JAQUELINE HERRERA,
Agency Nos. A075-712-591
Petitioners, A070-039-485
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Ricardo Herrera-Torres, a native and citizen of Mexico, and Janeth Jaqueline
Herrera, a native and citizen of El Salvador, petition for review of the Board of
Immigration Appeals’ order dismissing their appeal from an immigration judge’s
*
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).
removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings, Urzua Covarrubias v. Gonzales,
487 F.3d 742, 747 (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.
Accepting arguendo petitioners’ testimony as true, substantial evidence
nonetheless supports the agency’s determination that petitioners knowingly
encouraged and assisted another alien to try to enter the United States in violation
of law. See 8 U.S.C. § 1182(a)(6)(E)(i); Urzua Covarrubias, 487 F.3d at 748-49
(substantial evidence supported determination that alien aided and abetted another
alien’s illegal entry into the United States). Petitioners fail to present any authority
suggesting that the affirmative defense of abandonment of an attempt, as employed
in criminal law, is applicable to a charge under 8 U.S.C. § 1182(a)(6)(E)(i).
PETITION FOR REVIEW DENIED.
2 07-74394