ERIKA ALDANA DE MARQUEZ V. ERIC HOLDER, JR., No. 10-71724 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ERIKA ALDANA DE MARQUEZ, Petitioner, No. 10-71724 Agency No. A077-976-771 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Erika Aldana de Marquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order dismissing her appeal from an immigration judge s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency s factual findings, and review de * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). novo questions of law. Rodriguez-Echeverria v. Mukasey, 534 F.3d 1047, 1050 (9th Cir. 2008). We deny the petition for review. Substantial evidence supports the agency s determination that Aldana de Marquez knowingly encouraged and assisted another alien in seeking entry to the United States in violation of law. See 8 U.S.C. § 1182(a)(6)(E)(i); Altamirano v. Gonzales, 427 F.3d 586, 592 (9th Cir. 2005) (requiring an affirmative act of assistance or encouragement in order to establish alien smuggling). Contrary to Aldana de Marquez s contention, the agency s admission of the Form I-213, Record of Deportable/Inadmissible Alien, was fundamentally fair. See Espinoza v. INS, 45 F.3d 308, 310 (9th Cir. 1995) (admission of Form I-213 is fair absent evidence of coercion or that the statements do not belong to petitioner). Aldana de Marquez s claim under 8 C.F.R. § 287.3(c) is unavailing. See Samayoa-Martinez v. Holder, 558 F.3d 897 (9th Cir. 2009). PETITION FOR REVIEW DENIED. 2 10-71724

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