Josadac Mariscal-Sandoval v. John Ashcroft, Attorney General

TALLMAN, Circuit Judge.

Josadac Mariscal-Sandoval, a native and citizen of Mexico, petitions for review of a final order of exclusion by the Board of Immigration Appeals (“BIA”). The BIA affirmed without opinion the Immigration Judge’s (“IJ”) Order, which found Mariscal Sandoval excludable from the United States for knowingly attempting to transport six undocumented aliens from Mexico into California. Mariscal-Sandoval contends that he should have been placed in deportation rather than exclusion proceedings because he had “entered” the United States within the meaning of 8 U.S.C. § 1101(a)(13)…