Aragon-Aguilera

MEMORANDUM *

Petitioner Jose Luis Aragon-Aguilera, a native and citizen of Mexico, petitions for *652 review of an order of the Board of Immigration Appeals (BIA) denying his motion for reconsideration. The BIA declined to reconsider its earlier decision that Petitioner is deportable and ineligible for suspension of deportation or voluntary departure because of alien smuggling. 8 U.S.C. § 1227 (a)(l)(E)(i). We review generally for abuse of discretion but review de novo pure questions of law, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and deny the petition.

Petitioner’s due process claims are not well taken. First, even assuming that the 1-213 form of Petitioner’s sister should not have been admitted because of the government’s failure to try to secure her attendance or the attendance of the form’s preparer, the remaining evidence substantially supported the BIA’s original decision. Second, Petitioner has not demonstrated that his own 1-213 form was obtained in violation of 8 C.F.R. § 287.3 (a) or, even if it was, that any irregularity in choosing which officer to conduct the interview prejudiced him. Nor has he shown any material errors that cast doubt on the form’s…