Figueroa-Ojeda

MEMORANDUM

Sandra Mirna Figueroa-Ojeda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision finding that she knowingly participated in alien smuggling. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and due process claims, and for substantial evidence the agency’s findings of fact. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Figueroa-Ojeda’s due process lights were not violated by the admission of the smuggled alien’s Form 1-213 because the form was probative and its admission was fundamentally fair. 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 the argument that a Form 1-213 was inadmissible as hearsay). Figueroa-Ojeda was able to cross-examine the author of the forms, see id. at 311 , and the government made a reasonable effort to produce the smuggled alien to testify at…