(B)  Affirmative Act.  At least two courts have found that the government must show some affirmative act to sustain removability under this ground.  In Altamirano v. Gonzales,[203] the Ninth Circuit held that proof of the mere presence of a noncitizen in a vehicle at port of entry is not sufficient to sustain a finding of alien smuggling, even where the noncitizen had knowledge that a noncitizen was hiding in the trunk of the vehicle.

[203] Altamirano v. Gonzales, 427 F.3d 586 (9th Cir. Oct. 31, 2005).  See also Tapucu v. Gonzales, 399 F.3d 736, 740-42 (6th Cir. 2005) (some affirmative act required).

Fifth Circuit

DEPORTABILITY " ALIEN SMUGGLING " CONVICTION FOR AIDING IMPROPER ENTRY SUFFICIENT TO ESTABLISH GROUND OF DEPORTATION
Santos-Sanchez v. Holder, 744 F.3d 391 (5th Cir. Mar. 7, 2014) (federal conviction for aiding and abetting improper entry into the U.S., in violation of 8 U.S.C. 1325(a), established deportability under INA 237(a)(1)(E)(i), 8 U.S.C. 1227(a)(1)(E)(i), and conviction documents are sufficient to establish substantial evidence to support the BIA determination of deportability).