(C)  Knowledge Required.  The smuggling or attempted smuggling conduct must be done knowingly.  Knowing participation may be shown, for example, by a misrepresentation, which “may be made as effectively by conduct as by words.”[204]  A conviction of “aiding and abetting” alien smuggling under § INA § 274(a)(1)(A), 8 U.S.C. § 1324(a)(1)(A) establishes the element of knowledge.[205]  The immigration court may not look behind the conviction to make an independent determination of “knowledge.”[206]

[204] Sanchez-Marquez v. INS, 725 F.2d 61, 62 n.3 (7th Cir. 1984).

[205] Matter of Payan, 14 I. & N. Dec. 58 (BIA 1972).

[206] Longoria-Casteneda v. INS, 548 F.2d 233 (8th Cir. 1977).

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).