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Griselda Sanchez v. Eric H. Holder

December 26, 2012

GRISELDA SANCHEZ, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.



On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A097-210-888

Per curiam.

FOR PUBLICATION

OPINION

Argued and Submitted November 6, 2012-Pasadena, California

Before: Susan P. Graber, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges.

Per Curiam Opinion

SUMMARY*fn1

Immigration

The panel denied Griselda Sanchez's petition for review from the Board of Immigration Appeals' decision affirming without opinion an Immigration Judge's order finding her inadmissible as an alien smuggler under 8 U.S.C. § 1182(a)(6)(E)(i).

The panel held that the IJ's findings, based solely on Sanchez's admissions in her Form I-213 Record of Deportable/Inadmissible Alien, were supported by substantial and admissible evidence. The panel held that the IJ did not abuse his discretion by denying Sanchez's motion to suppress the Form I-213 as hearsay, because the Federal Rules of Evidence do not apply in immigration hearings and Sanchez did not claim her statements were coerced or establish that the memorialization of her statements was inaccurate. The panel also held that Sanchez's admitted actions were more than mere reluctant acquiescence in another's plan, but were rather affirmative acts in violation of § 1182(a)(6)(E)(i).

OPINION

Griselda Sanchez seeks review of a final order of removal issued by the Board of Immigration Appeals ("BIA"). The BIA adopted and approved a decision of an immigration judge ("IJ"), finding Sanchez inadmissible under 8 U.S.C. § 1182(a)(6)(E)(i). Because the IJ's findings are supported by substantial evidence, we deny the petition for review.

I.

Griselda Sanchez, a native and citizen of Mexico, became a legal permanent resident of the United States on May 6, 2004. On June 26, 2005, Sanchez was detained after seeking admission at the Otay Mesa, California, port of entry. Sanchez was a passenger in a car driven by her husband. Her four ...


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