Lezama De Cardenas v. Holder , 380 F. App'x 736 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AURORA JAQUELINE LEZAMA DE No. 06-71586
CARDENAS,
Agency No. A077-368-596
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Aurora Jaqueline Lezama de Cardenas, a native and citizen of Mexico,
petitions for review of the Board of Immigration Appeals’ order dismissing her
appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction
under 8 U.S.C. § 1252. We review for substantial evidence the agency’s findings
*
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).
of fact, Urzua Covarrubias v. Gonzales, 487 F.3d 742, 744 (9th Cir. 2007), and we
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 adverse credibility determination
based on Lezama de Cardenas’ implausible testimony concerning whether she
knew her Mexican citizen cousins possessed proper documentation to enter the
United States, as well as her inconsistency regarding the amount of time she had to
obtain this information. See Wang v. INS, 352 F.3d 1250, 1258-59 (9th Cir. 2003)
(inconsistencies and implausibilities in testimonial and documentary evidence went
to the heart of applicant’s claim and supported IJ’s adverse credibility finding).
Moreover, Lezama de Cardenas “provided some form of affirmative assistance to
the illegally entering alien[s]” by arranging to have her cousins picked up and
driven to the border by her husband. Altamirano, 427 F.3d at 592. Accordingly,
the agency properly concluded that Lezama de Cardenas was removable for alien
smuggling. See 8 U.S.C. § 1182(a)(6)(E)(i); Urzua Covarrubias, 487 F.3d at
747-49.
PETITION FOR REVIEW DENIED.
2 06-71586