LEZAMA CARDENAS v. HOLDER, 380 Fed.Appx. 736 (9th Cir. 2010)
Aurora Jaqueline LEZAMA De CARDENAS, Petitioner, v. Eric H. HOLDER,Jr., Attorney General, Respondent.
No. 06-71586.United States Court of Appeals, Ninth Circuit.Submitted May 25, 2010.[fn*]
Decided June 1, 2010.
[fn*] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P.34(a)(2).Page 737
Dario Aguirre, Esq., Aguirre Law Group A.P.C., San Diego, CA, for Petitioner.
CAS-District Counsel, Office of the District Counsel, Department of Homeland Security, San Diego, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Jeffrey L. Menkin, U.S. Department of Justice, Civil Division, Washington, D.C., for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A077-368-596.
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
MEMORANDUM[fn**]
Aurora Jaqueline Lezama de Cardenas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's ("IJ") removal order. We have jurisdiction under8 U.S.C. § 1252. We review for substantial evidence the agency's findings of fact, Urzua Covarrubias v.Gonzales, 487 F.3d 742, 744 (9th Cir. 2007), and we review de novo questions of law, Altamirano v. Gonzales,427 F.3d 586, 591 (9th Cir. 2005). We deny the petition for review.
Substantial evidence supports the agency's adverse credibility determination based on Lezama de Cardenas' implausible testimony concerning whether she knew her Mexican citizen cousins possessed proper documentation to enter the United States, as well as her inconsistency regarding the amount of time she had to obtain this information. See Wang v.INS, 352 F.3d 1250, 1258-59 (9th Cir. 2003) (inconsistencies and implausibilities in testimonial and documentary evidence went to the heart of applicant's claim and supported IJ's adverse credibility finding). Moreover, Lezama de Cardenas "provided some form of affirmative assistance to the illegally entering alien[s]" by arranging to have her cousins picked up and driven to the border by her husband.Altamirano, 427 F.3d at 592. Accordingly, the agency properly concluded that Lezama de Cardenas was removable for alien smuggling. See 8 U.S.C. § 1182(a)(6)(E)(i); UrzuaCovarrubias, 487 F.3d at 747-49.
PETITION FOR REVIEW DENIED.
[fn**] "This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.