Alfonso Guerrero Moran v. Eric Holder, Jr.

MEMORANDUM

Petitioner Alfonso Guerrero Moran petitions this Court for review of the BIA’s final order of removal. The BIA ordered Petitioner removed pursuant to 8 U.S.C. § 1182 (a)(6)(E)(i), which makes inadmissible any alien who “knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.” We review the BIA’s legal determinations de novo and its factual findings for substantial evidence. Sang Yoon Kim v. Holder, 603 F.3d 1100, 1102 (9th Cir.2010). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

First, Moran argues that DHS failed to meet its burden to show by clear and convincing evidence that any violation of § 1182(a)(6)(E)(i) was performed “knowingly.” Substantial evidence supports the BIA’s conclusion that DHS met its burden. The primary inspection report showed that Moran, the driver of the vehicle, arrived at inspection and handed over entry documents for himself and the four children visibly seated in the ear, but omitted to alert officers to another person on the floor of his vehicle. The report reveals that the person on the floor was lying between the…