Herrera-Guzman

MEMORANDUM ***

The Immigration Judge (“IJ”) concluded that Juan Herrera-Guzman (“Herrera”) was removable under the Immigration and Nationality Act (“INA”) § 237(a)(1)(A), 8 U.S.C. § 1227 (a)(1)(A), for violations of INA § 212(a)(6)(E), 8 U.S.C. § 1182 (a)(6)(E), while in Mexico. 1 This determination was based on specific findings including that: (1) credible and internally consistent testimony of the two border patrol agents corroborated the investigative report and sworn statements prepared on July 5, 1999; and (2) Herrera and the two witnesses lacked credibility in part because of (a) “totally unbelievable” claims that all three ended up in the same taxi in Arizona with no prior arrangements by mere “coincidence”; (b) inconsistencies between Rodriguez’s and Contreras’ depositions and their own statements contemporaneous with the events; and (c) accusations against the border patrol deemed “incredible” when weighed against the credibility of the officers.

Substantial evidence exists in the record to support these determinations. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Atwell and Cain were experienced border patrol agents with over 20 years of cumulative service at…