Espinoza-Araiza v. Mukasey

286 F. App'x 506

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 5, 2008
• Docket: No. 04-76181
• Status: Published

Opinion

MEMORANDUM

**

Manuel Espinoza-Araiza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, Lopez-Chavez v. INS, 259 F.3d 1176, 1180 (9th Cir.2001), we deny the petition for review.

Contrary to Espinoza-Araiza’s contention, the IJ properly admitted the Form I-213 (Record of Deportable/Inadmissible Alien) that indicated he entered the United States without inspection in December 2000. See Espinoza v. INS, 45 F.3d 308, 310-11 (9th Cir.1995) (an 1-213 is admissible and there is no right to cross-examine its preparer where the alien fails to produce probative evidence casting doubt on its reliability). Substantial evidence therefore supports the agency’s removability determination. See id, at 311; see also 8 U.S.C. § 1182(a)(6)(A)(i).

Espinoza-Araiza’s remaining contentions are unpersuasive.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.