Lagunas-Carranza

Lagunas-Carranza v. Ashcroft

Good Law
118 F. App'x 262
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-71475California454 words

Opinion

Lead Opinion

MEMORANDUM **

Roberto Lagunas-Carranza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ summary affirmance of the immigration judge’s (IJ”) decision finding him removable for alien smuggling under U.S.C. § 1227(a)(1)(E)© and denying his request for a continuance. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s finding of removability, Nakamoto v. Ashcroft, 363 F.3d 874, 882 (9th Cir.2004), and we review de novo petitioner’s due process challenge, Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003). We deny the petition in part and dismiss it in part.

Substantial evidence supports the IJ’s finding that Lagunas-Carranza was removable for alien smuggling because the record contains Lagunas-Carranza’s signed sworn statement admitting that he knew the passengers in his van were in the United States illegally, and that he had been involved in arranging their transit across the country. See Nakamoto, 363 F.3d at 882-83 . Moreover, substantial evidence supports the IJ’s adverse credibility finding based on petitioner’s inconsistent and implausible testimony concerning whether…

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