Kaganovich

MEMORANDUM **

Petitioner Vitaliy Semenovich Kaganovich petitions for review of the Board of Immigration Appeals’ (“BIA”) order of removal and denial of asylum. Petitioner also alleges that the immigration judge’s (“IJ”) conduct amounted to a violation of due process. We deny the petition.

1. The IJ did not err in ordering Petitioner removed pursuant to 8 U.S.C. § 1182 (a)(6)(E)® for alien smuggling. 1 Petitioner was stopped at the Mexico-United States border as he was driving back into the United States. His passenger presented false documentation.

The IJ’s determination that Petitioner knew that the passenger in his car had false documentation was supported by substantial evidence. See Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005) (stating that factual findings by the IJ are reviewed for substantial evidence). One month earlier, Petitioner had been released after he was stopped at the same border with passengers carrying false documentation. Additionally, Petitioner’s *645 stated purpose for visiting Mexico was to purchase alcohol and cigarettes, yet none were found in his car by the border patrol. At his hearing, Petitioner brazenly explained that his cigarettes and…