Limon-Guerrero

MEMORANDUM

Juan Armando Limon-Guerrero, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order finding that he knowingly participated in alien smuggling in violation of 8 U.S.C. § 1227 (a)(l)(E)(i). We have jurisdiction pursuant to 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.

Limon-Guerrero’s due process rights were not violated by admission of the Form 1-213 (Record of Deportable/Inad-missible Alien) because the form was probative and its admission was not fundamentally unfair, and where the preparing officer testified at the hearing regarding the preparation of the form. See Espinoza v. INS, 45 F.3d 308, 310-11 (9th Cir.1995) (noting that “[t]he sole test for admission of evidence [in a deportation proceeding] is whether the evidence is probative and its admission is fundamentally fair,” and rejecting argument that a Form 1-213 is inadmissible as hearsay); Trias-Hernandez v. INS, 528 F.2d 366,…