Criminal Defense of Immigrants
§ 17.29 (E)
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(E) Non-Substantive Offenses. Congress provided a noncitizen is deportable under this ground if s/he “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.” Thus, Congress specifically included the non-substantive offenses of aiding and abetting, and soliciting, illegal entry. It did not, however, list conspiracy, accessory after the fact, misprision of a felony, or any other non-substantive offense. These latter unlisted non-substantive offenses would therefore constitute safe haven conduct. See Appendix G, infra.
 INA § 237(a)(1)(E)(i), 8 U.S.C. § 1227(a)(1)(E)(i).
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).