Garcia-Ramos

MEMORANDUM **

Simon Garcia-Ramos, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order finding him removable for engaging in alien smuggling. We have jurisdiction under 8 U.S.C. *239 § 1252 . We review for substantial evidence factual findings, see Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005), and review de novo claims of constitutional violations in immigration proceedings, see Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the agency’s conclusion that Garcia-Ramos was removable because his conduct amounted to alien smuggling in violation of 8 U.S.C. § 1182 (a)(6)(E)(i). Garcia-Ramos testified that he assisted in the act of bringing two undocumented individuals across the border. See Moran, 395 F.3d at 1091-92 ; cf. Altamirano v. Gonzales, 427 F.3d 586, 595 (9th Cir.2005) (concluding petitioner did not violate alien smuggling statute where she provided no affirmative act of assistance).

Garcia-Ramos contends the IJ violated due process by proceeding with the hearing when Garcia-Ramos was…