FILED
NOT FOR PUBLICATION NOV 30 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS
FOR THE NINTH CIRCUIT
MARIA DE LA CRUZ SANCHEZ DE No. 06-74832
ARZATE,
Agency No. A046-957-628
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Maria De La Cruz Sanchez De Arzate, a native and citizen of Mexico,
petitions for review of the Board of Immigration Appeals’ order dismissing her
appeal from an immigration judge’s decision finding her removable for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
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participating in alien smuggling. We have jurisdiction under 8 U.S.C. § 1252. We
review de novo questions of law. Altamirano v. Gonzales, 427 F.3d 586, 591 (9th
Cir. 2005). We deny the petition for review.
The agency properly admitted the smuggled alien’s Form I-213. See
Espinoza v. INS, 45 F.3d 308, 311 (9th Cir. 1995). Arzate was able to cross-
examine the author of the form, and did not seek to cross-examine the smuggled
alien. Cf. Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 682 (9th Cir. 2005).
According to the Form I-213, the smuggled alien stated that she had phoned
Arzate and Arzate’s husband for help crossing the border, and that Arzate and
Arzate’s husband provided her with the document she attempted to use to enter the
United States. According to her Record of Sworn Statement, Arzate admitted that
she traveled to Mexico for the purpose of picking up the smuggled alien. Contrary
to Arzate’s contention, she therefore “provided some form of affirmative assistance
to the illegally entering alien.” See Altamirano, 427 F.3d at 592.
PETITION FOR REVIEW DENIED.
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