Palacios

Palacios v. Holder

Good Law
485 F. App'x 224
United States Court of Appeals for the Ninth CircuitJuly 5, 201207-75019California455 words

Opinion

Opinion

MEMORANDUM

Paula Palacios (“Petitioner”), a native and citizen of Mexico lawfully residing in the United States, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order finding her removable under Immigration and Nationality Act § 212(a)(6)(E)(I), 8 U.S.C. § 1182 (a)(6)(E)(I), for having “knowingly ... encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law....” This court has jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

This court reviews questions of law de novo, including the application of law to undisputed facts. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). Factual findings are reviewed for substantial evidence, meaning they are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); see also INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Petitioner argues that she did not affirmatively assist or encourage alien smuggling as defined in Altamirano v. Gonzales, 427 F.3d 586, 588 (9th Cir.2005). In Altamirano , we held that “[t]he plain meaning…

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