Hugo Gutierrez-Sanchez v. Eric Holder, Jr.

Good Law
481 F. App'x 341
United States Court of Appeals for the Ninth CircuitAugust 24, 201211-70322California423 words

Opinion

Opinion

MEMORANDUM

Hugo Gutierrez-Sanchez petitions for review of a decision of the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) determination that he is inadmissible based on sufficient “reason to believe” that he was involved in illicit trafficking of marijuana. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised ' on appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

The BIA did not err in holding that Gutierrez-Sanchez is inadmissible because there is “reason to believe” that he “has been an illicit trafficker in [a] controlled substance.” 8 U.S.C. § 1182 (a)(2)(C)(i). We inquire “whether substantial evidence supports the IJ and BIA having ‘reason to believe’ petitioner knowingly engaged in drug trafficking based on all the evidence known to the IJ at the time of the IJ’s decision.” Gomez-Granillo v. Holder, 654 F.3d 826, 836 (9th Cir.2011). The BIA’s determination must be upheld unless “the evidence compels a contrary conclusion.” Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000). The IJ and BIA…

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