Baltazar-Zuniga

Baltazar-Zuniga v. Mukasey

Good Law
269 F. App'x 759
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 05-77128California267 words

Opinion

lead Opinion

MEMORANDUM **

Jorge Baltazar-Zuniga, a citizen of Mexico and legal permanent resident of the United States, petitions pro se for review of an order of the Board of Immigration Appeals summarily affirming an immigration judge’s (“U”) order finding him inadmissible for alien smuggling, and denying his application for cancellation of removal. 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 review for substantial evidence the agency’s findings of fact, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s determination that Baltazar-Zuniga was removable and that his actions constituted alien smuggling as defined in 8 U.S.C. § 1182 (a)(6)(E)(i), because he “provided some form of affirmative assistance to the illegally entering alien.” Altamirano, 427 F.3d at 592 .

We lack jurisdiction to review the IJ’s decision to deny Baltazar-Zuniga’s application for cancellation of removal as a matter of discretion. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003)…

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