Sanchez v. Holder Jr., No. 08-72430 (9th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of a final order of removal issued by the BIA, adopting and approving the IJ's finding that she was inadmissible under 8 U.S.C. 1182(a)(6)(E)(i). The court concluded that the IJ did not abuse his discretion by admitting Form I-213 and her admitted actions were more than mere reluctant acquiescence in the plan of another, but were instead affirmative acts in violation of section 1182(a)(6)(E)(i). Because the IJ's findings were supported by substantial evidence, the court denied the petition for review.
Court Description: 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).
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