Reyes-Zarate

*699 MEMORANDUM

Jesus Reyes-Zarate, a native and citizen of Mexico, petitions for review from the Board of Immigration Appeals’ dismissal of his appeal from an Immigration Judge’s decision finding him deportable as charged and denying him relief from deportation under INA § 212(c), 8 U.S.C. § 1182 (c). Reyes was found to be deportable under former INA § 241(a)(l)(E)(i), 8 U.S.C. § 1251 (a)(l)(E)(i), as an alien who knowingly aided another alien to enter the United States in violation of law.

In enacting IIRIRA § 309(c)(4)(E), which is applicable to Reyes’ appeal, see Socop-Gonzalez v. I.N.S., 272 F.3d 1176, 1183 (9th Cir.2001), Congress withdrew this Court’s jurisdiction to review discretionary decisions of the BIA under INA § 212(c). Accordingly, we may not reach Reyes argument that the BIA abused its discretion in failing to grant him relief from deportation under § 212(c).

The BIA’s finding that Reyes was deportable was supported by substantial evidence. The Border Patrol officer’s testimony was sufficient to establish the charge that Reyes was attempting to smuggle aliens. While Reyes raises a substantial argument that the IJ’s credibility determination was based upon a…