Norma Avila v. Eric H. Holder Jr.

MEMORANDUM

Norma Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (“BIA”) order affirming the Immigration Judge’s (“IJ”) finding that Avila is removable under 8 U.S.C. § 1227 (a)(1)(E)© and denial of Avila’s application for cancellation of removal relief under 8 U.S.C. § 1229b(a). We deny the petition in part and dismiss the petition in part.

We have jurisdiction under 8 U.S.C. § 1252 (a)(1) over Avila’s petition with respect to the BIA’s finding of removability. Substantial evidence supports the IJ’s and BIA’s determination that Avila is removable under 8 U.S.C. § 1227 (a)(1)(E)© for “encourag[ing], inducting], assisting], abett[ing], or aidfing] any other alien to enter or to try to enter the United States in violation of law.” Substantial evidence supports the IJ’s conclusion that Avila arranged with a smuggler in Mexico to help transport aliens further north after they illegally entered the United States in exchange for payment and, pursuant to that agreement, picked up several aliens in her car in Calexico. The fact that she did not directly assist the aliens as they crossed the border does not bar a finding of re-movability…