Navarro-Martinez

Navarro-Martinez v. Mukasey

Good Law
271 F. App'x 585
United States Court of Appeals for the Ninth CircuitMarch 25, 2008No. 04-73562California329 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Navarro-Martinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dis *586 missing his appeal from an immigration judge’s (“IJ”) decision finding him removable for participating in alien smuggling and denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual determinations. Urzua Covarrubias v. Gonzales, 487 F.3d 742, 744 (9th Cir.2007). We review de novo questions of law, including equal protection challenges. Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1287 (9th Cir.2004). We deny the petition for review.

Navarro-Martinez contends the IJ improperly relied on the Form 1-213. However, the 1-213 was admitted without objection, and the immigration official who interviewed Navarro-Martinez testified that he remembered preparing the form and that it was accurate. The IJ therefore properly admitted and considered the I-213. See Espinoza v. INS, 45 F.3d 308, 310 (9th Cir.1995) (1-213 is presumed reliable, and “[t]he burden of establishing a basis for exclusion of evidence from a government record falls on the opponent of the…

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