Martinez-Medina

Martinez-Medina v. Gonzales

Good Law
144 F. App'x 670
United States Court of Appeals for the Ninth CircuitSeptember 20, 2005No. 03-73324California528 words

Opinion

Lead Opinion

MEMORANDUM ***

Adriana Martinez-Medina (“Petitioner”), a native and citizen of Mexico and a lawful permanent resident alien of the United States, petitions for review of the dismissal, by the Board of Immigration Appeals (“BIA”), of her appeal from an immigration judge’s (“IJ”) decision finding her removable for knowingly engaging in alien smuggling in violation of 8 U.S.C. § 1182 (a)(6)(E)©. We have jurisdiction under 8 U.S.C. § 1252 . Petitioner challenges the removal order claiming: (1) her right to due process of law was violated during her hearing before the IJ; and (2) the finding that Petitioner engaged in alien smuggling is not supported by substantial evidence.

Because the BIA conducted an independent, de novo review of the record, we review only the BIA’s decision. Hernandez-Montiel v. INS, 225 F.3d 1084, 1090-91 (9th Cir.2000). We review Petitioner’s due process claim de novo. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We review the BIA’s finding that Petitioner engaged in alien smuggling for substantial evidence and accordingly that finding “[is] conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252…

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