Pritbar Kaur v. Eric Holder, Jr.

MEMORANDUM

Petitioner Pritbir Kaur petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of relief from removal. We have jurisdiction under 8 U.S.C. § 1252 . For the reasons stated below, we deny the petition.

We review the BIA’s factual determinations under the substantial evidence standard, under which the record must not only support, but compel, the conclusion that the finding was in error. Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007).

1. The BIA determined Petitioner was inadmissible under 8 U.S.C. § 1182 (a)(6)(E) and rejected Petitioner’s plea of necessity, pointing out that Petitioner had offered no legal authority to support her contention that necessity is available as a defense to inadmissibility based on admitted alien smuggling. We agree with this assessment. In any event, Petitioner has waived review of the BIA’s determination that she was inadmissible under 8 U.S.C. § 1182 (a)(6)(E) because Petitioner’s brief provided no argument to the contrary. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (holding that issues raised but not supported by argument “are deemed abandoned”).

2. This court need not consider the…