de Bautista v. Ashcroft

MEMORANDUM **

Petitioner Maria de Jesus Magallon de Bautista seeks review of an order of removal. The immigration judge (“IJ”) and Board of Immigration Appeals (“BIA”) *629 found that Petitioner was an arriving alien who was inadmissible under Immigration and Nationality Act § 212(a)(6)(E)(i), 8 U.S.C. § 1182 (a)(6)(E)(i), because she had tried to smuggle her sister into the United States.

1. Substantial evidence supports the finding of the IJ and the BIA that Petitioner was advised of her rights before she gave a sworn statement. See Hernandez-Montiel v. INS, 225 F.3d 1084, 1090 (9th Cir.2000) (stating standard of review). For example, the arresting officer testified to his practice of giving such advice before questioning an alien. Petitioner’s own notation of the time she signed an acknowledgment of her rights was consistent with the officer’s testimony.

2. We do not need to decide whether the INS’s efforts to produce Petitioner’s sister were sufficient, because Petitioner has not shown prejudice. See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1226 (9th Cir.2002) (holding that, to succeed, due process challenges to deportation proceedings require a showing of prejudice). The…