Pantoja-Gayton

MEMORANDUM

Alida Eufemia Pantoja-Gayton, a native and citizen of Mexico and a legal permanent resident of the United States, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) determination that she is inadmissible as an alien smuggler under 8 U.S.C. § 1182 (a)(6)(E)® based on alien smuggling episodes in 1988 and 2002. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review. Because the parties are familiar with the factual and the procedural history of this case, we need not recount it here.

I

An alien who is an “applicant for admission” to the United States bears the burden of proving that she is clearly and beyond a doubt not inadmissible under 8 U.S.C. § 1182 . See 8 U.S.C. § 1229a(c)(2); Altamirano v. Gonzales, 427 F.3d 586, 590-91 (9th Cir.2005). Pantoja-Gayton contends that, as a lawful permanent resident, she is not an “applicant for admission.” However, 8 U.S.C. § 1101 (a)(13)(C) provides that “[a]n alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission in to the United States for purposes of the…