Roque v. Holder , 362 F. App'x 721 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANTONIO ROQUE, No. 07-72619
Petitioner, Agency No. A013-013-784
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Antonio Roque, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision finding him removable for alien smuggling. We have
*
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 is case suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
JTK/Research
jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence the
agency’s findings of fact, Urzua Covarrubias v. Gonzales, 487 F.3d 742, 744 (9th
Cir. 2007), and review de novo questions of law, Altamirano v. Gonzales, 427 F.3d
586, 591 (9th Cir. 2005). We deny the petition for review.
Substantial evidence supports the agency’s determination that Roque was
removable for alien smuggling where the record establishes that he provided a safe
house and helped arranged transportation for undocumented aliens. See
Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 678 (9th Cir. 2005) (to
establish that petitioner engaged in alien smuggling, government “need not prove
direct participation in the physical border crossing”).
We reject Roque’s contention that the IJ improperly relied on hearsay
evidence. See Espinoza v. INS, 45 F.3d 308, 309-10 (9th Cir. 1995) (the IJ may
consider evidence if it “is probative and its admission is fundamentally fair”).
Roque’s remaining contentions are not persuasive.
PETITION FOR REVIEW DENIED.
JTK/Research 2 07-72619