Staples
Staples v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Maria Del Rosario Staples, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision holding her removable for participating in alien smuggling. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, we look to whether the IJ had before him clear, cogent and convincing evidence of alien smuggling. Woodby v. INS, 385 U.S. 276 , 87 S.Ct. 483 , 17 L.Ed.2d 362 (1966). Our cases must be read consistently with the Supreme Court’s teaching in determining whether evidence is substantial. The test is whether we feel compelled to reverse a finding by the IJ or BIA. INS v. Elias-Zacarias, 502 U.S. 478 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because the government’s proof that Staples knowingly participated in an attempt to smuggle the illegal alien Carlos Rodriguez-Cadena into the United States included evidence insufficiently authenticated, we grant the petition for review. See 8 U.S.C. § 1182 (a)(6)(E)® (smuggler must “knowingly [have] encouraged, induced, assisted, abetted, or aided” another alien’s attempted illegal entry).