FILED
NOT FOR PUBLICATION FEB 19 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA G. NAVARRO-FIGUEROA, No. 10-70132
Petitioner, 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 Navarro-
Figueroa before a notice to appear was filed in the immigration court, Navarro-
Figueroa was not entitled to be informed of her rights.
Substantial evidence supports the BIA’s determination that Navarro-
Figueroa 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 Perez-
Ceja lacked permission to enter the United States legally.
Petition DENIED.
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