United States Ninth Circuit

A Mexican citizen's petition for review of BIA's decision affirming an IJ's order finding her inadmissible as an alien smuggler under 8 U.S.C. section 1182(a)(6)(E)(i), is denied where: 1) the IJ's findings, based solely on petitioner's admissions in her Form I-213 Record of Deportable/Inadmissible Alien, were supported by substantial and admissible evidence; 2) the IJ did not abuse his discretion by denying petitioner's motion to suppress the Form I-213 as hearsay, because the Federal Rules of Evidence do not apply in immigration hearings and petitioner did not claim her statements was inaccurate; and 3) petitioner's admitted actions were more than mere reluctant acquiescence in another's plan, but were rather affirmative acts.

Appellate Information

• Decided 12/26/2012
• Published 12/26/2012

Judges

Court

• United States Ninth Circuit

Counsel