Chavez

MEMORANDUM **

Mirta Santana Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision summarily affirming an immigration judge’s (“IJ”) decision that she was removable as an alien present in the United States without being admitted or paroled. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo. Perez v. INS, 116 F.3d 405, 409 (9th Cir.1997) (questions of law); Antonio-Cruz v. INS, 147 F.3d 1129, 1131 (9th Cir.1998) (alleged violations of due process). We deny the petition for review.

Chavez denied the factual allegations regarding alienage and the charge that she was removable. However, her signed and sworn asylum application and the attached birth certificate established that she was born in Mexico. See 8 C.F.R. § 208.3 (c)(1) (“[I]nformation provided in the application may be used ... to satisfy any burden of proof in ... removal proceedings”). The IJ therefore properly concluded that the government met its burden to show that Chavez was an alien. See 8 C.F.R. § 1240.8 (setting forth burdens of proof in removal proceedings). Even though the unnamed notario who assisted her to complete the application failed to…