J. Marquez-Reyes v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

J. GUADALUPE MARQUEZ-REYES, No. 17-71367

Petitioner, Agency No. v. A205-490-228

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 11, 2020 Seattle, Washington

Filed June 14, 2022

Before: Marsha S. Berzon and Eric D. Miller, Circuit Judges, and Sharon L. Gleason, * District Judge.

Opinion by Judge Miller; Dissent by Judge Berzon

* The Honorable Sharon L. Gleason, United States District Judge for the District of Alaska, sitting by designation. MARQUEZ-REYES V. GARLAND

SUMMARY **

Immigration

Denying J. Guadalupe Marquez-Reyes’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: 1) 8 U.S.C. § 1182(a)(6)(E)(i), the statute that makes a noncitizen removable or ineligible for certain relief due to alien smuggling, is not facially overbroad under the First Amendment, is not unconstitutionally vague, and does not violate equal protection; and 2) the…