Altamirano v. Gonzales

Emma Altamirano ("Altamirano") petitions for review of the Board of Immigration Appeals ("BIA") order affirming, in a streamlined decision, the Immigration Judges ("IJ") decision denying Altamiranos motion to terminate removal proceedings against her and finding that Altamirano is inadmissible because she engaged in alien smuggling in violation of § 212(a)(6)(E)(i) of the Immigration and Naturalization Act ("INA"), 8 U.S.C. § 1182(a)(6)(E)(i) (Supp. V 1999). The INS sought to remove Altamirano when she attempted to enter the United States in a vehicle in which an illegal alien was hiding in the trunk. Altamirano does not dispute that she knew the alien was in the trunk when the vehicle attempted to pass through the port of entry. Altamirano contends, however, that because she did not affirmatively assist the alien in attempting to enter the United States, she did not engage in alien smuggling. In addition, Altamirano argues that the BIA impermissibly streamlined her appeal. The government argues, however, that § 212(a)(6)(E)(i)s prohibition against alien smuggling encompasses Altamiranos conduct, and therefore that the IJ properly determined that she is inadmissible. The government further argues that the IJ erred in assuming that the government bears the burden of proof rather than placing the burden on Altamirano to prove that she was admissible. See id. § 240(c)(2), 8 U.S.C. § 1229a(c)(2).