Godinez

Godinez v. Mukasey

Good Law
258 F. App'x 950
United States Court of Appeals for the Ninth CircuitDecember 10, 2007No. 04-72530California356 words

Opinion

Lead Opinion

MEMORANDUM ***

Victor Ezequiel Godinez, a native and *951 citizen of Mexico and lawful permanent resident of the United States, petitions for review of the Board of Immigration of Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision finding him inadmissable and removable for participating in alien smuggling. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005), we deny the petition for review.

Contrary to Godinez’s contention, the statements made to immigration officials by the alien Godinez attempted to drive across the border were admissable. The government submitted at least one letter, with a signed certificate of service bearing the witness’s last address of record in Mexico, that requested the witness appear at the hearing to testify and provided paroled entry for that purpose. Cf. Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 681-82 (9th Cir.2005) (government failed to satisfy its obligation to make reasonable efforts to produce witness where government deported hearsay declarant and then made no effort to produce the witness). Godinez has pointed to no evidence to…

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