Luis Alarcon-Serrano v. Immigr. & Naturalization Serv., 220 F.3d 1116 (9th Cir. 2000). · Go Syfert
Luis Alarcon-Serrano v. Immigr. & Naturalization Serv., 220 F.3d 1116 (9th Cir. 2000). Cases Citing This Book View Copy Cite
“while a generous fact-finder might have believed version of the facts, both the bia and ij were clearly within reason on these facts and circumstances to conclude otherwise.”
119 citation events (119 in the last 25 years) across 10 distinct courts.
Strongest positive: Maria Del Refugio Garcia De Ib v. Merrick Garland (ca9, 2022-01-26)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Maria Del Refugio Garcia De Ib v. Merrick Garland (3×) also: Cited as authority (rule)
9th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
while a generous fact-finder might have believed version of the facts, clearly within reason on these facts and circumstances to conclude 2 19-72788 otherwise.
discussed Cited as authority (verbatim quote) Alberto Burrola-Moreno v. Eric Holder, Jr. (2×) also: Cited as authority (rule)
9th Cir. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
while a generous fact-finder might have believed version of the facts, both the bia and ij were clearly within reason on these facts and circumstances to conclude otherwise.
discussed Cited as authority (rule) Brahms-Garcia v. Garland
9th Cir. · 2023 · confidence medium
In reviewing whether substantial evidence supports the agency’s determination that a noncitizen is inadmissible under § 1182(a)(2)(C)(i), we look to whether the decision rests on “reasonable, substantial, and probative evidence.” Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000). 3 21-1238 Here, “reasonable, substantial, and probative evidence” supports the agency’s determination that there was “reason to believe” that Brahms-Garcia was involved in the illicit trafficking of controlled substances.
discussed Cited as authority (rule) Agustin Rojasin v. Merrick B. Garland
8th Cir. · 2021 · confidence medium
See Cuevas v. Holder, 737 F.3d 972, 976 (5th Cir. 2013) (dismissing petition for lack of jurisdiction under § 1252(a)(2)(C) because agency had “reason to believe” the petitioner was involved in drug trafficking, even though he had no relevant prior convictions); Alarcon- Serrano v. I.N.S., 220 F.3d 1116, 1120 (9th Cir. 2000) (same).
discussed Cited as authority (rule) Raul Flores-Medina v. Merrick Garland (2×) also: Cited "see, e.g."
9th Cir. · 2021 · confidence medium
Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000).
discussed Cited as authority (rule) Francisco Aldana-Cano v. William Barr
9th Cir. · 2020 · confidence medium
See Rodriguez v. Holder, 683 F.3d 1164, 1168 (9th Cir. 2012); Gomez-Granillo v. Holder, 654 F.3d 826, 831 (9th Cir. 2011); Lopez-Molina v. Ashcroft, 368 F.3d 1206, 1209 (9th Cir. 2004); Alcaron-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000).
discussed Cited as authority (rule) Orean Carr v. William Barr
9th Cir. · 2020 · confidence medium
“While a generous fact-finder might have believed [Carr’s] version of the facts, both the BIA and IJ were clearly within reason on these facts and circumstances to conclude otherwise.” Alarcon-Serrano v. INS, 220 F.3d 1116, 1120 (9th Cir. 2000).3 2 The seized substance was never tested and the criminal charges against Carr were dismissed a week later; the record does not indicate the reason for the dismissal. 3 Even assuming the credibility of Carr’s wife, her testimony does not compel a contrary conclusion.
discussed Cited as authority (rule) Misael Flores-Martinez v. William Barr
9th Cir. · 2020 · confidence medium
We review for substantial evidence the agency’s determination that there is “reason to believe” Flores-Martinez is or has been an illicit trafficker in any controlled substance and is therefore inadmissible. 8 U.S.C. § 1182 (a)(2)(C)(i); Alarcon–Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir. 2000).
examined Cited as authority (rule) Arnoldo Morales-Del Valle v. Loretta E. Lynch (4×)
9th Cir. · 2016 · confidence medium
Ed. 2d 38 (1992); Alarcon- Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000). 13 See Leyva-Licea v. INS, 187 F.3d 1147 , 1149–50 (9th Cir. 1999); Coronado-Durazo v. INS, 123 F.3d 1322 , 1324–26 (9th Cir. 1997). 14 That behavior is far more than mere presence on the scene.
discussed Cited as authority (rule) Ilona King v. Loretta E. Lynch
9th Cir. · 2015 · confidence medium
The IJ determined that King was inadmissible under 8 U.S.C. § 1182 (a)(2)(C)(i). 1 *863 We review for substantial evidence, see Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir.2000), and deny King’s petition. 1.
cited Cited as authority (rule) Silvana Gianello Cabrera v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Manuel Chavez-Reyes v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
“While a generous fact-finder might have believed [Petitioner’s] version of the facts, both the BIA and IJ were clearly within reason on these facts and circumstances to conclude otherwise.” Alarcon-Serrano v. INS, 220 F.3d 1116, 1120 (9th Cir.2000); see also Cuevas v. Holder, 737 F.3d 972 , 975-76 *4 (5th Cir.2013) (holding, in similar circumstances, that substantial evidence supported the BIA’s “reason to believe” finding).
discussed Cited as authority (rule) Alberto Villareal-Valdez v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
“While a generous fact-finder might have believed [Petitioner’s] version of the facts, both the BIA and IJ were clearly within reason on these facts and circumstances to conclude otherwise.” Alarcon-Serrano v. INS, 220 F.3d 1116, 1120 (9th Cir.2000). 2.
discussed Cited as authority (rule) Munera Gallego v. Holder
2d Cir. · 2013 · confidence medium
As his admission, the large amount of currency, and the existence of hidden compartments tend to demonstrate both that the untested white substance was an illicit drug and that Muñera Gallego was a drug dealer, see United States v. Perez, 144 F.3d 204, 208 (2d Cir.1998); United States v. Gonzalez, 922 F.2d 1044, 1056 (2d Cir.1991), the record contained substantial evidence demonstrating a reason to believe that Muñera Gallego was engaged in illicit trafficking of cocaine, a controlled substance, see § 1182(a)(23); cf. Lopez-Molina v. Ashcroft, 368 F.3d 1206, 1211 (9th Cir.2004) (finding tha…
cited Cited as authority (rule) Hugo Gutierrez-Sanchez v. Eric Holder, Jr.
9th Cir. · 2012 · confidence medium
The BIA’s determination must be upheld unless “the evidence compels a contrary conclusion.” *342 Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Alaa Obeid v. Eric H. Holder Jr.
9th Cir. · 2012 · confidence medium
See United States v. Gorman, 314 F.3d 1105, 1110-11 (9th Cir.2002); Lopez-Molina v. Ashcroft, 368 F.3d 1206, 1209 (9th Cir.2004) (holding conviction not required to establish reason to believe); Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Duc Vo v. Eric H. Holder Jr.
9th Cir. · 2012 · confidence medium
The BIA did not err in holding that Vo is inadmissible under § 1182(a)(2)(C) because there is reason to believe that he “has been an illicit trafficker in [a] controlled substance.” The BIA’s holding “must be affirmed if based on reasonable, substantial, and probative evidence,” Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000), and the record here contains such evidence.
examined Cited as authority (rule) GOMEZ-GRANILLO v. Holder (10×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2011 · confidence medium
The BIA also found that, although petitioner testified that Lara denied ownership of the drugs, Lara retained counsel for petitioner during related criminal proceedings. 3 Additionally, the BIA found that, although petitioner initially claimed that he did not have fear of reprisal from the owner of the marijuana, he later testified that he feared returning to Mexico as “ ‘this persons that did this with me would take reprisals against me.’ ” Notably, while the IJ, citing Matter of Rocha, 20 I. & N. Dec. 944 , focused the inquiry on whether the officials at the border had reason to beli…
discussed Cited as authority (rule) Julio Valdez-Blaine v. Eric Holder, Jr.
9th Cir. · 2011 · confidence medium
We review de novo constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009), and for substantial evidence the agency’s factual findings, Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Abufayad v. Holder
9th Cir. · 2011 · confidence medium
If the Government meets its burden by introducing “reason- able, substantial, and probative evidence” of inadmissibility, Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000), the applicant bears the burden of rebuttal in proving that he is “clearly and beyond a doubt . . . not inadmissible,” Kepilino, 454 F.3d at 1060 (citation and internal quotation marks omitted). [1] Stated another way, because Abufayad possessed a valid visa upon entry, for Abufayad to be found inadmissible on this ground, the government had initially to provide “some evidence” that it had “reasonable…
discussed Cited as authority (rule) Abufayad v. Holder
9th Cir. · 2011 · confidence medium
If the Government meets its burden by introducing “reasonable, substantial, and probative evidence” of inadmissibility, Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000), the applicant bears the burden of rebuttal in proving that he is “clearly and beyond a doubt ... not inadmissible,” Kepilino, 454 F.3d at 1060 (citation and internal quotation marks omitted).
discussed Cited as authority (rule) Singh v. Holder (2×) also: Cited "see"
9th Cir. · 2009 · confidence medium
Under the law of this Circuit, “the appropriate way of measuring if the IJ and BIA had ‘reason to believe’ that [petitioner] was participating in drug-trafficking” is to determine whether the conclusion is based on “reasonable, substantial, and probative evidence.” Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Singh v. Holder (2×) also: Cited "see"
9th Cir. · 2009 · confidence medium
Under the law of this Circuit, “the appropriate way of measuring if the IJ and BIA had ‘reason to believe’ that [petitioner] was participating in drug-trafficking” is to determine whether the conclusion is based on “reasonable, substantial, and probative evidence.” Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Mendez-Solorio v. Mukasey (2×) also: Cited "see, e.g."
9th Cir. · 2008 · confidence medium
“The appropriate way of measuring whether the IJ and BIA had ‘reason to believe’ ” that a petitioner is involved in drug trafficking is to review “whether substantial evidence supports such a conclusion.” Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir.2000) (citation omitted).
cited Cited as authority (rule) Orozco-Zacarias v. Mukasey
9th Cir. · 2008 · confidence medium
“We determine our own jurisdiction de novo.” Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
cited Cited as authority (rule) Igwebuike v. Caterisano
4th Cir. · 2007 · confidence medium
This belief must be based on “reasonable, substantial, and probative evidence.” Matter of Rico, 16 I. & N. Dec. 181, 185 (BIA 1977); Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Talioaga v. Gonzales
9th Cir. · 2006 · confidence medium
STANDARD OF REVIEW “The BIA’s factual findings are reviewed for ‘substantial evidence’ and will not be overturned unless the evidence compels a contrary conclusion.” Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir.2000).
cited Cited as authority (rule) Pronsivakulchai, Vat v. Gonzales, Alberto R.
7th Cir. · 2006 · confidence medium
Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000).
cited Cited as authority (rule) Vatcharee Pronsivakulchai v. Alberto R. Gonzales
7th Cir. · 2006 · confidence medium
Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Rosalina Lopez-Umanzor v. Alberto R. Gonzales, Attorney General
9th Cir. · 2005 · confidence medium
"The appropriate way of measuring whether the IJ and BIA had 'reason to believe' " that a petitioner is involved in drug trafficking is to assess "whether substantial evidence supports such a conclusion.” Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000). 11 .
discussed Cited as authority (rule) Lopez-Umanzor v. Gonzales
9th Cir. · 2005 · confidence medium
We merely hold that the IJ was required to hear testimony from Petition- er’s experts in the subject of domestic violence, as to matters 10 “The appropriate way of measuring whether the IJ and BIA had ‘rea- son to believe’ ” that a petitioner is involved in drug trafficking is to assess “whether substantial evidence supports such a conclusion.” Alarcon- Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000). 4900 LOPEZ-UMANZOR v. GONZALES pertaining to her credibility.
cited Cited as authority (rule) Arambula-Ruiz v. Ashcroft
9th Cir. · 2004 · confidence medium
No. 104-208, 110 Stat. 3009 (Sept. 30, 1996); Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Meza-Escalante v. Ashcroft (2×) also: Cited "see, e.g."
9th Cir. · 2004 · confidence medium
We have jurisdiction to determine our own jurisdiction, see Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000), and we dismiss the petition.
cited Cited as authority (rule) Diaz-Nieto v. Ashcroft
9th Cir. · 2004 · confidence medium
We have jurisdiction to determine our own jurisdiction, see Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000), and we dismiss the petition.
cited Cited as authority (rule) Benavides-Perez v. Ashcroft
9th Cir. · 2004 · confidence medium
Flores-Miramontes v. INS, 212 F.3d 1133, 1135 (9th Cir.2000); Mareon-Servano v. INS, 220 F.3d 1116,1119 (9th Cir.2000).
cited Cited as authority (rule) Eddy Amarel Rosales-Rosales v. John Ashcroft, Attorney General
9th Cir. · 2003 · confidence medium
Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited as authority (rule) Oscar Rojas-Garcia v. John Ashcroft, Attorney General Immigration and Naturalization Service Robert S. Coleman, Jr. (2×) also: Cited "see"
9th Cir. · 2003 · signal: cf. · confidence medium
Cf. Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000) (holding that no conviction is required for INA § 212(a)(2)(C) to apply). 10 .
cited Cited "see" Tawfik Abdo Ahmed v. Alejandro Mayorkas
C.D. Cal. · 2024 · signal: see · confidence high
See Alarcon-Serrano v. 28 || INS, 220 F.3d 1116, 1119 (9th Cir. 2000).
discussed Cited "see" Castillo Sanchez v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000). 3 motion to suppress evidence discovered during the 2014 and 2016 arrests because that evidence was allegedly obtained in an egregious violation of his Fourth Amendment rights.
cited Cited "see" Jamal El-Abed v. Eric Holder, Jr.
9th Cir. · 2015 · signal: see · confidence high
See Alarcon-Serrano v. *645 INS, 220 F.3d 1116, 1119-20 (9th Cir.2000).
discussed Cited "see" Florencio Cuevas v. Eric Holder, Jr.
5th Cir. · 2014 · signal: see · confidence high
See Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir. 2000) (holding that a “reason to believe” must be “based on reasonable, substantial, and probative evidence”).
cited Cited "see" Florencio Cuevas v. Eric Holder, Jr.
5th Cir. · 2013 · signal: see · confidence high
See Alarcon-Serrano v. I.N.S., 220 F.3d 1116, 1119 (9th Cir.2000) (holding that a reason to believe must be based on reasonable, substantial, and probative evidence).
cited Cited "see" Osuna-Estrada v. Mukasey
9th Cir. · 2008 · signal: see · confidence high
See Alarcon-Serrano v. INS, 220 F.3d 1116, 1119-20 (9th Cir.2000).
cited Cited "see" Pineda-Cruz v. Mukasey
9th Cir. · 2008 · signal: see · confidence high
See Alarcon-Serrano v. INS, 220 F.3d 1116, 1120 (9th Cir.2000).
cited Cited "see" Ortega v. Gonzales
9th Cir. · 2007 · signal: see · confidence high
See Alarcon-Serrano v. INS, 220 F.3d 1116 (9th Cir. 2000).
cited Cited "see" Esquivel-Jimenez v. Ashcroft
9th Cir. · 2004 · signal: see · confidence high
See Alarcon-Serrano v. Ashcroft, 220 F.3d 1116, 1120 (9th Cir.2000).
examined Cited "see" Javier Ramon Lopez-Molina v. John Ashcroft, Attorney General (7×) also: Cited "see, e.g."
9th Cir. · 2004 · signal: see · confidence high
See Cedano-Viera v. Ashcroft, 324 F.3d 1062, 1064-65 (9th Cir.2003). 8 In Alarcon-Serrano v. INS, 220 F.3d 1116 (9th Cir.2000), we held that in order to determine whether we lack jurisdiction to review a final order of removal under IIRIRA, 3 we may consider only whether the petitioner is "(i) an alien (ii) who is [removable] (iii) by reason of having committed a criminal offense listed in [§ 1182(a)(2) ]." Id. at 1119.
cited Cited "see" Abaya v. Immigration & Naturalization Service
9th Cir. · 2001 · signal: see · confidence high
See Alarcon-Serrano v. INS, 220 F.3d 1116, 1118 (9th Cir. 2000).
cited Cited "see, e.g." Araceli Javier v. Loretta E. Lynch
9th Cir. · 2016 · signal: see also · confidence medium
See Gomez-Granillo v. Holder, 654 F.3d 826, 831 (9th Cir. *513 2011); see also Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir.2000).
discussed Cited "see, e.g." Roberto Garces v. United States Attorney General
11th Cir. · 2010 · signal: see also · confidence medium
See also Alarcon-Serrano v. INS, 220 F.3d 1116, 1119 (9th Cir. 2000) (“The appropriate way of measuring whether the IJ and the BIA had ‘reason to believe’ that [petitioner] knew he was participating in drug trafficking is to determine whether substantial evidence supports such a conclusion.
Retrieving the full opinion text from the archive…
Luis ALARCON-SERRANO, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
99-70578.
Court of Appeals for the Ninth Circuit.
Jul 25, 2000.
220 F.3d 1116
Joseph M. Bacho, El Centro, California, for the petitioner., Paul D. Kovac, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.
Wallace, Trott, Gould.
Cited by 60 opinions  |  Published
TROTT, Circuit Judge:

Luis Alarcon-Serrano (“Alarcon-Serra-no”) petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) order of exclusion. Alarcon-Serrano claims that the IJ and BIA lacked sufficient evidence to conclude that it was reasonable to believe Alarcon-Serrano knowingly participated in drug trafficking. The Immigration and Naturalization Service (“INS”) argues that this court lacks jurisdiction and, in the alternative, that the BIA’s decision is supported by substantial evidence. We agree with the INS that we lack jurisdiction pursuant to section 309(c)(4)(G) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRL RA”), 110 Stat. 3009, 3625-627. [2] Thus, we dismiss Alarcon-Serrano’s petition.

Background

Alarcon-Serrano, a then-nineteen year old resident of Mexicali, Mexico, with lawful permanent resident status in the United States, was detained by immigration officers upon attempting to cross the border at Calexico, California, while driving a car carrying eighty-six pounds of marijuana concealed in a secret compartment. Exclusion proceedings commenced. The INS alleged that he was excludable under two separate provisions of the INA: section 212(a)(2)(C), 8 U.S.C. § 1182(a)(2)(C), as a “Controlled substance trafficker;” and section 212(a)(2)(Á)(i)(H), 8 U.S.C. § 1182(a)(2)(A)(i)(II), governing conviction of an offense related to controlled substances or the admission to committing the essential elements of a controlled substance offense. [3] The facts leading up to[*1118] Alarcon-Serrano’s attempted -crossing at Calexico are as follows, as testified to by Alarcon-Serrano at his IJ hearing.

Four days prior to his attempted crossing from Mexico to the United States, Alarcon-Serrano met a man named Isaac through a friend. Alarcon-Serrano had heard through friends that Isaac was engaged in smuggling drugs across the border. On the day of his attempted crossing, Alarcon-Serrano told Isaac that he was going to Calexico in order to buy some clothes for his visit to 'a discotheque in Mexicali latér that evening. Isaac offered Alarcon-Serrano a car to drive on his shopping trip and, “so that they wouldn’t take the vehicle away in Calexico,” also offered to provide a bill of sale for the vehicle in Alarcon-Serrano’s name. Knowing Isaac’s reputation, Alarcon-Ser-rano testified that he suspected that the car carried drugs. Nevertheless, Alarcon-Serrano claimed he trusted that Isaac would not attempt to use him to smuggle drugs, so he took the car notwithstanding his misgivings.

Although he began his journey to the border at 8 p.m., Alarcon-Serrano arrived at the border crossing itself at 9:15 that evening due to the length of the vehicle fines leading up to the crossing. Alarcon-Serrano testified that he had not told Isaac “the exact hour” that he would be crossing the border, but that he observed Isaac crossing the border by foot at the time he drove into the area. When Alarcon-Serra-no saw that the border officials intended to stop his vehicle, he claims he honked his horn at Isaac, who looked at him and then looked away. Border officials stopped the car and found the concealed marijuana.

Alarcon-Serrano appeared pro se at his IJ hearing, having waived the opportunity to seek a lawyer. At the hearing, Alar-con-Serrano consistently denied knowledge of the concealed marijuana. The IJ expressed doubt about Alarcon-Serrano’s claimed lack of knowledge, focusing on the fact that he had received the car and a bill of sale in his name from a suspected drug-smuggler he had met only four days prior to his attempted border crossing. The IJ also found that the amount of the concealed marijuana was “simply too large of a quantity and too valuable to have been entrusted to a person unaware of its existence.”

Referencing their alleged simultaneous arrival at the border crossing, the IJ found contradictory Alarcon-Serrano’s testimony surrounding the extent of Isaac’s knowledge of the details of Alarcon-Serrano’s shopping trip to Calexico. The IJ also found suspicious Alarcon-Serrano’s lack of basic facts about the friend through whom he had met Isaac. Alarcon-Serrano testified that he was not sure of his friend’s last name, although he thought it was “Martinez,” and could not remember the name of the street where his friend fives, although the two five only ten blocks apart. While earlier discussing character letters offered on his behalf by friends, neighbors, and relatives, Alarcon-Serrano told the IJ that “I don’t really know the last names of my friends.”

Finally, the IJ noted that Alarcon-Ser-rano intended to go shopping in the United States at Walmart and Foot Locker late in the evening, but testified that he did not know when the stores closed. Alarcon-Serrano testified that if Walmart and Foot Locker were closed, he would simply go to another store that was open.

The IJ found that “circumstances correlate to show that [Alarcon-Serrano] colluded with a known drug trafficker to import in to the United States more than 80 pounds of marijuana,” and told Alarcon-Serrano that “the evidence is clear, convincing and unequivocal that you were a knowing trafficker in the smuggling of marijuana.” The BIA agreed with the IJ that Alarcon-Serrano lacked credibility:

his credibility is undermined by the fact that such a large amount of marijuana— 86 pounds — was found concealed in the car he was driving, by his admission that he knew the person who gave him the car was a drug dealer, and by his implausible explanations for how he came[*1119] into possession of the car and why he attempted to enter the United States.

The BIA dismissed Alarcon-Serrano’s appeal from the IJ’s order excluding and deporting him from the United States, effectively affirming the IJ’s decision.

Discussion

We determine our own jurisdiction de novo. See Milne v. Hillblom, 165 F.3d 733, 735 (9th Cir.1999). The BIA’s factual findings are reviewed for “substantial evidence” and will not be overturned unless the evidence compels a contrary conclusion. See Yazitchian v. INS, 207 F.3d 1164, 1168 (9th Cir.2000).

Before we may conclude that we lack jurisdiction to review Alarcon-Serrano’s case, we must determine that his case falls within the terms of section 309(c)(4)(G). We have jurisdiction to consider this jurisdictional question. See Ye v. INS, 214 F.3d 1128, 1131-32 (9th Cir.2000); Ara gon-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000).

Under IIRIRA section 309(c)(4)(G), “there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense- covered in section 212(a)(2) ... of the [INA] (as in effect as of the date of the enactment of this Act).... ” The IJ and BIA determined that Serrano was excludable pursuant to INA section 212(a)(2)(C), 8 U.S.C. § 1182(a)(2)(C) (amended 1999) (West Supp.2000). At the time of the IJ hearing in this case, section 212(a)(2)(C) designated as inadmissible “[a]ny alien who the consular or immigration officer knows or has reason to believe is or has been-an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance.” INA § 212(a)(2)(C). In reviewing the jurisdictional facts, we may only consider whether, pursuant to IIRI-RA section 309(c)(4)(G), Alareon-Serrano is (i) an alien (ii) who is inadmissible (iii) by reason of having committed a criminal offense listed in INA section 212(a)(2). If so, we lack jurisdiction to proceed any further in our review. See Magana-Pizano v. INS, 200 F.3d 603, 607 (9th Cir.1999).

Although he has permanent resident status, there is no dispute that Alar-con-Serrano is an alien. The only viable question is whether he is inadmissible by reason of a criminal offense under INA section 212(a)(2)(C). Unlike other provisions of INA section 212(a)(2), the provision applicable to Alareon-Serrano does not require a conviction to demonstrate inadmissibility and, for purposes of IIRIRA section 309(c)(4)(G), a lack of federal appellate review. Under section 212(a)(2)(C), the only requirement is that an immigration officer “knows or has reason to believe” that Alareon-Serrano is an illicit trafficker in controlled substances or that Alareon-Serrano has knowingly assisted, abetted, conspired with, or colluded with others in such illicit trafficking.

The appropriate way of measuring whether the IJ and BIA had “reason to believe” that Alareon-Serrano knew he was participating in drug trafficking is to determine whether substantial evidence supports such a conclusion. In this regard, the conclusion of the immigration judge must be affirmed if based on reasonable, substantial, and probative evidence. See Hamid v. INS, 538 F.2d 1389, 1390-91 (9th Cir.1976). Although to some extent this conflates review of the jurisdictional facts and review of the merits in this case, see Ye, 214 F.3d at 1131-32, this is the correct path to follow.

Both the BIA and the IJ in this case found that it was reasonable to believe that Alareon-Serrano knew he was participating in drug trafficking by taking and attempting to drive across the border a car — carrying eighty-six pounds of marijuana in a concealed compartment — given to him by a man he knew to be a drug smuggler whom he had met only four days earlier. Alareon-Serrano was therefore[*1120] determined to be inadmissible pursuant to INA section 212(a)(2)(C). Alarcon-Serra-no’s inadmissibility pursuant to INA section 212(a)(2)(C) is undoubtedly supported by substantial probative evidence. Both the BIA and the IJ disbelieved Alarcon-Serrano’s testimony claiming lack of knowledge. While a generous fact-finder might have believed Alarcon-Serrano’s version of the facts, both the BIA and IJ were clearly within reason on these facts and circumstances to conclude otherwise.

Because an immigration officer had ample reason to-believe that Alarcon-Serrano knowingly engaged in drug trafficking, we lack jurisdiction to consider Alareon-Ser-rano’s petition for review pursuant to IIR-IRA section 309(c)(4)(G). Hence, the petition is DISMISSED.

2

. Alarcon-Serrano is subject to IIRIRA’s transitional rules, as the BIA dismissed his appeal from the IJ’s decision on April 14, 1999, and exclusion proceedings began with the delivery to Alarcon-Serrano on December 1, 1996, of a "Notice to Applicant for Admission Detained for Hearing Before Immigration Judge.” See Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997).

3

. Although the INS attempts to use both of these provisions to support the IJ and BIA decisions, four reasons dictate that we rely only upon section 212(a)(2)(C) in reaching our conclusion in this case: (1) both the IJ and BIA relied solely on section 212(a)(2)(C) in reaching their decisions; (2) there is no evidence that Alarcon-Serrano has been convicted of anything, see §-212(a)(2)(A)(i)(II) (making excludable "any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of — (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance”); (3) Alarcon-Serrano consistently denied — that is, did not admit — having knowledge of the marijuana's presence, see id.; and (4) neither the IJ, nor the BIA, nor the INS point to any particular law or regulation the essential elements of which Serrano admits to having committed, see id.