Pena

Pena v. Holder

Good Law
336 F. App'x 649
United States Court of Appeals for the Ninth CircuitJune 19, 2009No. 04-75573California326 words

Opinion

Lead Opinion

MEMORANDUM **

Graciela Pena, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order pretermitting her application for cancellation of removal. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review findings of fact for substantial evidence, Wang v. INS, 352 F.3d 1250, 1257 (9th Cir.2003), and we review de novo questions of law, Narayan v. Ashcroft, 384 F.3d 1065, 1068 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the IJ’s finding that Pena was statutorily barred from establishing good moral character. See 8 U.S.C. § 1101 (f). Pena’s testimony that she sent money to her sons in Mexico with the intent that it be used for a border crossing guide to assist them to enter the United States is evidence that she “knowingly aided and abetted the venture by providing an affirmative act of help, assistance, or encouragement” in their efforts to illegally enter the United States. See Urzua Covarrubias v. Gonzales, 487 F.3d 742, 748-49 (9th Cir.2007) (holding that an alien who had “helped [his brother] out, paying his crossing” had…

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