Gerardo A. Diaz Javier v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERARDO A. DIAZ JAVIER,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-72121
Agency No. A079-160-876
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Gerardo A. Diaz Javier, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
FILED
JUL 16 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-72121 2
We review de novo questions of law. Altamirano v. Gonzales, 427 F.3d 586, 591
(9th Cir. 2005). We deny the petition for review.
Contrary to Diaz Javier’s contention, the BIA properly determined that he
participated in alien smuggling as defined in 8 U.S.C. § 1182(a)(6)(E)(i).
According to his Record of Sworn Statement, Diaz Javier knew that one passenger
in the vehicle he drove lacked legal documentation to enter the United States, yet,
when the immigration agent asked him for documentation to enter, he nonetheless
presented the agent with that passenger’s fraudulent documentation. Thus, Diaz
Javier “provided some form of affirmative assistance to the illegally entering
alien.” Altamirano, 427 F.3d at 592.
PETITION FOR REVIEW DENIED.

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