Flores
Flores v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Ana Luisa Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision finding her removable because she engaged in alien smuggling and denying her application for lawful permanent resident cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo both questions of law, see Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), and claims of due process violations in immigration proceedings, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny the petition for review.
The IJ did not err by determining that Flores was removable because her conduct amounted to alien smuggling in violation of 8 U.S.C. § 1182 (a)(6)(E)(i). Cf. Altamira-no, 427 F.3d at 595 (finding petitioner did not violate alien smuggling statute where she knew there was an illegal alien in the car, but she was only a passenger and provided no affirmative act of assistance).
Contrary to Flores’ contention, the IJ properly concluded that Flores was statutorily ineligible for cancellation of removal because she was unable to establish the…