Alfonso Guerrero Moran v. Eric Holder, Jr. ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 11 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
ALFONSO GUERRERO MORAN, No. 12-70347
Petitioner, Agency Nos. A095-445-012
A095-445-013
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 6, 2015**
Pasadena, California
Before: MELLOY,*** BYBEE, and IKUTA, Circuit Judges.
Petitioner Alfonso Guerrero Moran petitions this Court for review of the
BIA’s final order of removal. The BIA ordered Petitioner removed pursuant to 8
*
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).
***
The Honorable Michael J. Melloy, Senior Circuit Judge for the U.S.
Court of Appeals for the Eighth Circuit, sitting by designation.
U.S.C. § 1182(a)(6)(E)(i), which makes inadmissible any alien who “knowingly
has encouraged, induced, assisted, abetted, or aided any other alien to enter or to
try to enter the United States in violation of law.” We review the BIA’s legal
determinations de novo and its factual findings for substantial evidence. Sang
Yoon Kim v. Holder, 603 F.3d 1100, 1102 (9th Cir. 2010). We have jurisdiction
pursuant to 8 U.S.C. § 1252, and we deny the petition.
First, Moran argues that DHS failed to meet its burden to show by clear and
convincing evidence that any violation of § 1182(a)(6)(E)(i) was performed
“knowingly.” Substantial evidence supports the BIA’s conclusion that DHS met
its burden. The primary inspection report showed that Moran, the driver of the
vehicle, arrived at inspection and handed over entry documents for himself and the
four children visibly seated in the car, but omitted to alert officers to another
person on the floor of his vehicle. The report reveals that the person on the floor
was lying between the second and third row of seats, covered with black clothing.
The report also indicated that when the officer first investigated the black lump he
detected on the floor and asked the children to lift their feet, they shifted around
and declined to lift their feet before finally complying with the officer’s request. It
was reasonable for the IJ to infer from this evidence that Moran had knowledge
that he was aiding Ms. Sanchez to enter the United States illegally.
2
Second, Moran offers various arguments to show that the agency erred in
admitting the secondary inspection report, or I-213. Because we conclude that the
primary inspection report alone offers substantial evidence to show Moran’s
knowledge, we decline to address arguments regarding the admissibility of the
I-213.
Petition DENIED.
3