Duc Vo v. Eric H. Holder Jr.

MEMORANDUM

Due Tri Vo petitions for review of a decision by the Board of Immigration Appeals (“BIA”), affirming the Immigration Judge’s (“LJ”) determination that he is inadmissible under 8 U.S.C. § 1182 (a)(2)(C) and ineligible for asylum, withholding of removal, or relief under the Convention Against Torture. Exercising jurisdiction under 8 U.S.C. § 1252 , we deny the petition for review.

1. The BIA did not err in holding that Vo is inadmissible under § 1182(a)(2)(C) because there is reason to believe that he “has been an illicit trafficker in [a] controlled substance.” The BIA’s holding “must be affirmed if based on reasonable, substantial, and probative evidence,” Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000), and the record here contains such evidence. We reject Vo’s argument that the BIA was precluded from relying on a police report offered as documentary evidence because the officer who prepared the report did not testify. “In the immigration context, hearsay is admissible if it is probative and its admission is fundamentally fair.” Gu v. Gonzales, 454 F.3d 1014,1021 (9th Cir.2006). The report is clearly probative, and its admission was not unfair. We also…