JARAMILLO v. BARR (2019)

MEMORANDUM **

Jaramillo is a native and citizen of Mexico. Since April 10, 2004, she has been in removal proceedings pursuant to 8 U.S.C. § 1182(a)(6)(E)(i) for alien smuggling. This petition for review is her third. While her second petition was pending in our court, we granted the government’s motion to remand to the Board of Immigration Appeals (“BIA”). We remanded for further proceedings with respect to a previously unavailable videotape of interviews conducted by Customs and Border Patrol officers during secondary inspection at the border in San Ysidro, California. On remand, the BIA referred the matter in turn to the Immigration Judge (“IJ”) to review the videotape and for further proceedings. The IJ ruled against her assertion that her confessions had been coerced. The BIA agreed with the IJ and dismissed Jaramillo’s appeal.

The IJ’s findings and conclusions were not only not clearly erroneous, but they were plainly correct in every respect and fully supported by the videotape. Counsel’s factual assertions to the contrary are disproved by the record and demonstratively baseless.

The IJ’s denial of Jaramillo’s motion for administrative closure, affirmed by the BIA, was a correct exercise of discretion.

Jaramillo contends that the Supreme Court’s recent decision in Pereira v. Sessions, ––– U.S. ––––, 138 S.Ct. 2105, 201 L.Ed.2d 433 (2018) deprived the Immigration Court of jurisdiction to process her case. We have recently ruled to the contrary. Karingithi v. Whitaker, 913 F.3d 1158, 1160 (9th Cir. 2019).

This record conclusively demonstrates that Jaramillo was removable for alien smuggling pursuant to 8 U.S.C. § 1182(a)(6)(E)(i).

Petition DENIED.