Vega-Andrade

MEMORANDUM

Jorge Vega-Andrade, 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 (“IJ”) decision finding him removable for participating in alien smuggling. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and review for substantial evidence the agency’s findings of fact, Urzua Covar-rubias v. Gonzales, 487 F.3d 742, 744 (9th Cir.2007). We dismiss in part and deny in part the petition for review.

Substantial evidence supports the IJ’s finding that Vega-Andrade was removable for alien smuggling where the record contains Vega-Andrade’s sworn statement admitting that he knew the passenger in his vehicle had no legal documentation and that he had made arrangements to pick her up in Mexico. See Altamirano v. Gonzales, 427 F.3d 586, 595 (9th Cir.2005) (requiring act of assistance or encouragement). Substantial evidence supports the IJ’s decision to credit the sworn statement over petitioner’s inconsistent testimony concerning whether he knew the identity and unlawful…