Zuniga-Flores

MEMORANDUM **

In these consolidated petitions for review, Jesus Zuniga-Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order finding that he knowingly participated in alien smug *829 gling in violation of 8 U.S.C. § 1182 (a) (6)(E) (i), as well as an order denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and due process claims, for abuse of discretion the denial of a motion to reconsider, and for substantial evidence the agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review in No. 06-72309, and deny the petition for review in No. 06-73639.

Zuniga-Flores’ due process rights were not violated by the admission of his Form 1-213 (Record of Deportable/Inadmissible Alien) because the form was probative, and its admission was not fundamentally unfair. See Espinoza v. INS, 45 F.3d 308, 310-11 (9th Cir.1995) (noting that “[t]he sole test for admission of evidence [in a deportation proceeding] is whether the evidence…