(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.”[210]  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.

 

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

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).