Garibay-Romo

MEMORANDUM **

Gamaliel Garibay-Romo, a native of Mexico and legal permanent resident of the United States, petitions for review of a Board of Immigration Appeals’ (“BIA”) order affirming without opinion the decision of an immigration judge (“U”) finding him removable for alien smuggling. To the *746 extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s finding of removability, Nakamoto v. Ashcroft, 363 F.3d 874, 882 (9th Cir.2004), and we review de novo petitioner’s due process challenge, Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s finding that Garibay-Romo was removable for alien smuggling where the record contains Garibay-Romo’s sworn statement admitting that he knew the passenger in his car was attempting to enter the United States with a fraudulent document and that he was assisting her. See Altamirano v. Gonzales, 427 F.3d 586, 595 (9th Cir.2005). Moreover, substantial evidence supports the IJ’s decision to credit the sworn statement over petitioner’s inconsistent and implausible testimony concerning whether he…