Maria Navarro-Figueroa v. Eric Holder, Jr.

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NOT FOR PUBLICATION FEB 19 2014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.