Tapia Garcia v. Holder

367 F. App'x 858

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 26, 2010
• Docket: 07-71972
• Status: Unpublished

Opinion

MEMORANDUM **

Enrique Tapia Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002) (adverse credibility determinations); Cortez-Acosta v. INS, 234 F.3d 476, 481 (9th Cir.2000) (per curiam) (factual findings supporting removability). We deny the petition for review.

Substantial evidence supports the agency’s finding that Tapia Garcia was removable for alien smuggling where the record contains the smuggled alien’s sworn statement affirming that Tapia Garcia obtained a fraudulent entry visa for her, and that she was paying him to drive her across the border. See Altamirano v. Gonzales, 427 F.3d 586, 592 (9th Cir.2005) (requiring “some form of affirmative assistance to the

illegally entering alien”). Moreover, substantial evidence supports the agency’s decision to credit the sworn statement and Officer Rodriguez’s testimony over Tapia Garcia’s inconsistent and implausible testimony concerning whether he confronted the smuggled alien while they were both detained at the border. See Don v. Gonzales, 476 F.3d 738, 743 (9th Cir.2007).

Tapia Garcia’s remaining contentions are not persuasive.

PETITION FOR REVIEW DENIED.

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