Martinez De Martinez v. Mukasey

MEMORANDUM ***

Maria Cristina Martinez De Martinez, a native and citizen of Mexico and lawful permanent resident of the United States, petitions pro se 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 and denying her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law. Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005). We deny the petition for review.

The agency determined that Martinez De Martinez knowingly participated in the smuggling plan by pretending to be the alien child’s mother. Contrary to her contention, Martinez De Martinez’s actions “provided some form of affirmative assistance to the illegally entering alien.” Id. at 592 .

Martinez De Martinez contends that the IJ afforded undue evidentiary weight to the 1-213. However, the 1-213 was admitted without objection, and it comported with the testimony of Martinez De Martinez’s husband that she knew the child did not have means to legally enter the United States and still participated in the plan to pose as…