Englot

MEMORANDUM ***

Jan Englot, a native and citizen of Poland who was admitted to the United States as an immigrant, petitions for review of an order of the Board of Immigration Appeals affirming an Immigration Judge’s order of removal. Englot was ordered removed for making a false claim of citizenship at a border crossing in order to help smuggle an alien into the United States. See 8 U.S.C. §§ 1182 (a)(6)(C)(ii), 1182(a)(6)(E). Englot argues that his counsel’s decision not to request voluntary departure constitutes a violation of his due process rights. We deny the petition for review.

Englot was properly ordered removed because he falsely claimed to be a United States citizen. See 8 U.S.C. § 1182 (a)(6)(C)(ii)(I) (“Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit ... is inadmissible.”); see also Pichardo v. INS, 216 F.3d 1198 (9th Cir.2000).

Various constitutional protections that apply in criminal trials, such as the Sixth Amendment right to effective assistance of counsel, do not apply in civil removal proceedings. See INS v. Lopez-Mendoza, 468 U.S. 1032, 1038-39 , 104 S.Ct. 3479…