Griselda Sanchez v. Eric H. Holder Jr.
2012 U.S. App. LEXIS 26353
| 9th Cir. | 2012Background
- Sanchez, a Mexican national, became a lawful permanent resident in 2004.
- She was detained on June 26, 2005 at Otay Mesa while seeking admission.
- She was a passenger in a car driven by her husband; four children and a five-year-old were present.
- Border Patrol memorialized statements in Form I-213 about Sanchez's participation in an attempted entry.
- Government charged removal under 8 U.S.C. §1182(a)(6)(E)(i) for knowingly aiding entry; IJ admitted the I-213 but suppressed the transcript.
- BIA affirmed the IJ’s decision; Sanchez petitioned for review, challenging admissibility and sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Form I-213 as evidence | Sanchez argues I-213 is hearsay and should be excluded | Hearing evidence standards apply; I-213 inherently trustworthy absent coercion | I-213 admissible; hearsay rule does not apply in immigration hearings; no coercion shown |
| Whether admissions constitute an affirmative act under §1182(a)(6)(E)(i) | Aguilar Gonzalez controls; she was passive | Sanchez knowingly aided entry; more than mere acquiescence | Sanchez performed affirmative acts; violation of §1182(a)(6)(E)(i) |
| Standard of review and burden of proof | N/A | Government must show grounds by clear and convincing evidence; substantial evidence standard applied | IJ findings supported by substantial evidence; petition denied |
| Relation between Form I-213 admissions and overall removability | Admissions alone are not enough | Admissions sufficiently establish removal grounds under the statute | Substantial and admissible evidence supported removal under §1182(a)(6)(E)(i) |
Key Cases Cited
- Espinoza v. INS, 45 F.3d 308 (9th Cir. 1995) (Evidence standards in immigration hearings; not strictly FE rules)
- Barradas v. Holder, 582 F.3d 754 (7th Cir. 2009) (I-213 as inherently trustworthy absent coercion)
- Altamirano v. Gonzales, 427 F.3d 586 (9th Cir. 2005) (Affirmative act required; not mere knowledge or acquiescence)
- Aguilar Gonzalez v. Mukasey, 534 F.3d 1204 (9th Cir. 2008) (Distinguishes passive participation from affirmative aiding)
- Zehatye v. Gonzales, 453 F.3d 1182 (9th Cir. 2006) (Framework for review of BIA/IJ factual findings)
- Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674 (9th Cir. 2005) (Clear and convincing evidence for grounds of removal)