Rumbo-Cisneros

Rumbo-Cisneros v. Mukasey

Good Law
259 F. App'x 17
United States Court of Appeals for the Ninth CircuitDecember 10, 2007No. 06-74371California405 words

Opinion

Lead Opinion

MEMORANDUM ***

Maria G. Rumbo-Cisneros, a native and citizen of Mexico and lawful permanent resident of the United States, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision finding her removable for participating in alien smuggling. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations, Vas *19 quez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and review for substantial evidence the agency’s findings of fact, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005). We deny the petition for review.

Contrary to Rumbo-Cisneros’ contention, the IJ did not deprive her of a fair hearing by admitting her statements to the immigration officials in the form of the I-213 and a transcript of the sworn interview. See Cuevas-Ortega v. INS, 588 F.2d 1274, 1278 (9th Cir.1979) (no due process violation because “the bare assertion that a statement is involuntary is insufficient” to prove coercion); Espinoza v. INS, 45 F.3d 308, 310 (9th Cir.1995) (“The burden of establishing a basis for exclusion of evidence from a government record falls on the opponent of…

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