Ontiveros-Velasquez

MEMORANDUM **

Gloria Ontiveros-Velasquez (“OntiverosVelasquez”), a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), which reversed the decision of the Immigration Judge (“IJ”), granting her application for suspension of deportation. The BIA reversed the IJ, finding that Ms. Ontiveros-Velasquez was statutorily ineligible for suspension of deportation under 8 U.S.C. § 1182 (a)(6)(E)®. We deny the petition for review.

The BIA held that Ontiveros-Velasquez’ admission on the record that in 1991, she paid gas money to have another adult bring her three-year old child into the United States qualified as alien smuggling. Under the statute, an immigrant is precluded from having good moral character if the alien “knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or try to enter the United States in violation of law.” 8 U.S.C. § 1182 (a)(6)(E)®. Given this admission, the BIA held that Ontiveros-Velasquez could not establish the good moral eharae *328 ter required to be eligible for suspension of deportation. See 8 U.S.C. § 1229b(b).

Ontiveros-Velasquez argues that a child of tender years…