5 6 Oscar Lopez-Melara v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION 1
2
UNITED STATES COURT OF APPEALS 3
4
FOR THE NINTH CIRCUIT 5
6
OSCAR LOPEZ-MELARA,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-72565
Agency No. A208-362-516
MEMORANDUM*
7
On Petition for Review of an Order of the 8
Board of Immigration Appeals 9
10
Submitted September 12, 2018**
11
12
13
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. 14
15
Oscar Lopez-Melara, a native and citizen of El Salvador, petitions for review 16
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 17
immigration judge’s decision denying cancellation of removal. We have 18
jurisdiction under 8 U.S.C. § 1252. We review de novo constitutional claims and 19
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-72565
questions of law, and we review for substantial evidence the agency’s factual 1
determinations. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We 2
deny the petition for review. 3
Lopez-Melara has not established that the agency violated due process by 4
ignoring or misrepresenting his testimony. See Gutierrez v. Holder, 662 F.3d 1083, 5
1091 (9th Cir. 2011) (“A court will grant a petition on due process grounds only if 6
the proceeding was so fundamentally unfair that the alien was prevented from 7
reasonably presenting his case.” (citations and quotation marks omitted)). 8
Substantial evidence supports the agency’s finding that Lopez-Melara engaged in 9
an affirmative act in support of alien smuggling, where he testified that he 10
provided money for his brother’s trip to the United States and that his brother did 11
not have permission to enter the United States. See Urzua Covarrubias v. 12
Gonzales, 487 F.3d 742, 749 (9th Cir. 2007) (alien smuggling finding supported by 13
substantial evidence where there is “an affirmative act of help, assistance, or 14
encouragement” (citations omitted)); Villavicencio v. Sessions, 879 F.3d 941, 945 15
(9th Cir. 2018) (“The BIA’s factual findings are conclusive unless any reasonable 16
adjudicator would be compelled to conclude to the contrary.” (citation omitted)). 17
PETITION FOR REVIEW DENIED. 18

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