Jimenez

Jimenez v. Mukasey

Good Law
288 F. App'x 370
United States Court of Appeals for the Ninth CircuitJuly 30, 2008No. 06-72284California373 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Melendres Jimenez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision that he is inadmissible for participating in alien smuggling and ineligible for lawful permanent resident cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process challenges and questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we review factual determinations for substantial evidence, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir. 2005). We deny the petition for review.

The IJ’s admission of government-prepared forms did not deny Jime *372 nez due process because he did not provide probative evidence casting doubt on their reliability. See Espinoza v. INS, 45 F.3d 308, 310-11 (9th Cir.1995) (a government-prepared form is admissible and there is no right to cross-examine its preparer when an alien produces no probative evidence casting doubt on its reliability); see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation). According to the Record…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.