MARIA NAVARRO-FIGUEROA V. ERIC HOLDER, JR., No. 10-70132 (9th Cir. 2014)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 19 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARIA G. NAVARRO-FIGUEROA, Petitioner, No. 10-70132 Agency No. A030-480-098 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted February 6, 2014 Pasadena, California Before: SCHROEDER and CLIFTON, Circuit Judges, and COGAN, District Judge.** Maria Navarro-Figueroa petitions for review of the decision of the Board of Immigration Appeals ( BIA ) finding her removable for having assisted an * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Brian M. Cogan, United States District Judge for the Eastern District of New York, sitting by designation. undocumented alien in entering the United States. See 8 U.S.C. § 1227(a)(1)(E)(i). We deny the petition. Navarro-Figueroa contends that the BIA erred in relying on three I-213 forms and a G-166 report of investigation because those documents contained statements obtained in violation of 8 C.F.R. § 287.3(c). Section 287.3(c) provides that an alien who has been arrested without warrant and placed in formal proceedings must be informed that she has a right to counsel and that statements she makes may be used against her. Formal proceedings commence with the filing of a notice to appear in the immigration court. Samayoa-Martinez v. Holder, 558 F.3d 897, 901 02 (9th Cir. 2009). Because Officer Rivera questioned NavarroFigueroa before a notice to appear was filed in the immigration court, NavarroFigueroa was not entitled to be informed of her rights. Substantial evidence supports the BIA s determination that NavarroFigueroa affirmatively assisted Beatrice Perez-Ceja in entering the United States in violation of law. The immigration forms and the testimony of Officer Rivera indicated that Navarro-Figueroa met with Perez-Ceja in Tijuana and agreed to drive Perez-Ceja to Los Angeles after she crossed the border, knowing that PerezCeja lacked permission to enter the United States legally. Petition DENIED. 2
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