Delgado

Delgado v. Mukasey

Good Law
269 F. App'x 738
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 06-72280California486 words

Opinion

lead Opinion

MEMORANDUM **

Adalberto Delgado, a citizen of Mexico and a legal permanent resident of the United States, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision finding him removable from the United States for alien smuggling, and finding him ineligible for cancellation of removal and adjustment of status. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252 . We review de novo questions of law, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), and claims of constitutional violations, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

Contrary to Delgado’s contention, the agency did not err in finding his participation in alien smuggling rendered him inadmissible as an applicant for adjustment of status, see 8 U.S.C. §§ 1255 (a)(2); 1182(a)(6)(E)(i) (“Any alien who at any time knowingly ... assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible”), and ineligible for a waiver because the person he assisted was not his “spouse, parent, son or daughter,”…

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