Ninfa Rodriguez v. Eric H. Holder Jr.

MEMORANDUM

Ninfa Rodriguez, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, and we review for substantial evidence the agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

We deny Rodriguez’s motion to remand because Samayoa-Martinez v. Holder, 558 F.3d 897, 901-02 (9th Cir.2009), forecloses her contention that her statements to immigration officials at the border were obtained in violation of 8 C.F.R. § 287.3 (c).

Contrary to Rodriguez’s assertion, the agency applied the correct legal standard and properly distinguished this case from Altamirano v. Gonzales, 427 F.3d 586 (9th Cir.2005). Substantial evidence supports the agency’s finding that Rodriguez was removable for alien smuggling because the record contains Rodriguez’s sworn statement admitting that she knew two of the passengers in the vehicle were attempting to enter the United States illegally, and that she had been…