Criminal Defense of Immigrants

Any noncitizen who: “(prior to the date of entry, at the time of any entry, or within five years of the date of any entry, knowingly has encouraged, induced, assisted, abetted, or aided any other noncitizen to enter or to try to enter the United States in violation of law is deportable.”[197] 

The elements of this ground of deportation are:

(1) conduct that

(2) knowingly encouraged, induced, assisted, abetted, or aided

(3) any other noncitizen

(4) to enter or try to enter the United States

(5) in violation of law

(6) before entry, or at entry, or within five years after any entry.

Proof of the conduct[198] or an admission of the conduct by the noncitizen is sufficient to establish this ground of deportation.[199]

[197] INA § 237(a)(1)(E)(i), 8 U.S.C. § 1227(a)(1)(E)(i).

[198] Reyes v. Neely, 228 F.2d 609, 611 (5th Cir. 1956).

[199] Matter of Vargas-Banuelos, 13 I. & N. Dec. 810 (BIA 1971).  See also Garcia-Quintero v. Gonzales, 455 F.3d 1006 (9th Cir. Jul. 24, 2006) (immigration judge did not err in refusing to allow respondent’s counsel to assert Fifth Amendment privilege against self-incrimination on his behalf upon being examined by the DHS, instead requiring respondent to assert the privilege personally in response to each question, and sustaining a finding of deportability where respondent finally answered government questions without objection from respondent’s counsel).