Ambriz-Rivera
Ambriz-Rivera v. Mukasey
Opinion
Concurring Opinion
Fletcher, J.
Circuit Judge, concurring:
I concur in the majority’s disposition. I write separately because of what I consider to be the government’s inexcusable failure to make reasonable efforts to secure the presence of Lorena Rodriguez-Salinas at Ambriz-Rivera’s deportation hearing in light of its intention to use her testimony by way of affidavit, without providing any opportunity to cross-examine her. Had we found it necessary to resolve whether the IJ erred in admitting into evidence Rodriguez-Salinas’s sworn statement, I would have concluded that the IJ erred because the government “ ‘may not use an affidavit from an absent witness unless [it] first establishes that, despite reasonable efforts, it was unable to secure the presence of the witness at the hearing.’” Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 681-82 (9th Cir.2005) (quoting Ocasio v. Ashcroft, 375 F.3d 105, 107 (1st Cir.2004)).
After arresting her in San Diego on March 5, 2002, immigration agents interviewed Rodriguez-Salinas and obtained a sworn statement in which she admitted her intent to enter the United States with false documents and identified Ambriz-Rivera as her paid smuggler. Subsequently, Rodriguez-Salinas…
Lead Opinion
MEMORANDUM **
Maria Guadalupe Ambriz-Rivera, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming a decision of an Immigration Judge (“IJ”) finding her removable for alien smuggling under 8 U.S.C. § 1227 (a)(1)(E)®. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we deny the petition.
The IJ’s decision finding that Ambriz-Rivera was removable for alien smuggling was supported by substantial evidence. See Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004) (noting that when the BIA affirms the IJ without an opinion pursuant 8 C.F.R. § 1003.1 (e)(4), we review the IJ’s decision as we would that of the BIA); INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (noting that we review a final order of removal for substantial evidence). Border Patrol and immigration agents testified that they were running a program to apprehend alien smugglers or guides, where agents follow an alien (who has presented false documentation at the U.S.Mexico border) until she meets with a smuggler in the United States, and both are apprehended. After Lorena Rodriguez-Salinas presented…