Rivera

MEMORANDUM ***

Claudia Rivera (“Petitioner”), a native and citizen of Mexico and a lawful permanent resident alien of the United States, *684 petitions for review from the affirmance by the Board of Immigration Appeals (“BIA”) of an order entered by the Immigration Judge (“IJ”). That order found Petitioner removable for alien smuggling, in violation of section 212(a)(6)(E)® of the Immigration and Nationality Act (the “Act”), 8 U.S.C. § 1182 (a)(6)(E)®.

Petitioner pled guilty, on or about May 15, 2001, to violating 8 U.S.C. § lS24(a)(l)(A)(iv) and (v)(II). These statutory provisions establish criminal liability for any person who—

8 U.S.C. §§ 1324 (a)(l)(A)(iv), (v)(II). Petitioner’s conviction was based on her conduct on August 3, 2000, when she re-entered the United States from Mexico. On this occasion, Petitioner assisted an undocumented alien in her unlawful attempt to enter the United States.

Shortly after her conviction, the Immigration and Naturalization Service (“INS”) charged Petitioner with removability under section 237(a)(1)(A) of the Act, 8 U.S.C. § 1227 (a)(1)(A), and section 212(a)(6)(E)® of the Act, 8 U.S.C. § 1182 (a)(6)(E)®. Section 237(a)(1)(A) authorizes the…