Safe Havens

(A)  Aggravated Felonies.

            The aggravated felony definition includes “an offense described in paragraph (1)(A) or (2) of section 274(a) (relating to alien smuggling), except in the case of a first offense for which the alien as affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child or parent (and no other individual) . . . .”[187]  Unless the exception is met, illegal smuggling, transportation, and harboring of undocumented noncitizens will generally be found to be an aggravated felony.[188]

[187] INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N).

[188] See N. Tooby, Aggravated Felonies § § 5.3-5.5 (2003).