Criminal Defense of Immigrants
§ 18.25 6. Alien Smuggling or Trafficking
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The grounds of inadmissibility related to alien smuggling or trafficking may be divided into those involving noncitizens helping other noncitizens enter the United States illegally, those involving unlawful trafficking of persons for unlawful purposes (e.g., slavery, prostitution), and those involving international child abduction, which primarily concerns custody battles. For grounds specifically related to prostitution, see § 18.24, supra.
INADMISSIBILITY - ALIEN SMUGGLING - AIDING ANOTHER TO ENTER ILLEGALLY
Soriano v. Gonzales, 414 F.3d 318 (5th Cir. Apr. 5, 2007) (any noncitizen seeking admission to the U.S. who participates in a scheme to aid other aliens in an illegal entry is inadmissible under INA 212(a)(6)(E)(i), regardless of whether the assisting individual was present at the border crossing).
INADMISSIBILITY - ALIEN SMUGGLING - WAIVER
Sanchez v. Holder, 560 F.3d 1028 (9th Cir. Mar. 26, 2009) (en banc) (alien smuggling inadmissibility waiver under INA 212(d)(11), 8 U.S.C. 1182(d)(11), does not prevent the act of alien smuggling to be considered a bar to a finding of good moral character).
INADMISSIBILITY - ALIEN SMUGGLING - WAIVER ALIEN SMUGGLING - GOOD MORAL CHARACTER
Sanchez v. Holder, 560 F.3d 1028 (9th Cir. Mar. 26, 2009) (en banc) (family-only alien smuggling is sufficient to demonstrate a lack of good moral character), overruling Moran v. Ashcroft, 395 F.3d 1089 (9th Cir.2005).
INADMISSIBILITY - ALIEN SMUGGLING - MERE PRESENCE AND ACQUIESCENCE IN ANOTHER'S SMUGGLING INSUFFICIENT
Aguilar-Gonzales v. Mukasey, ___ F.3d ___ (9th Cir. Jul. 29, 2008) (granting petition for review of a denial of motion to terminate removal proceedings and immigration judge's finding that noncitizen was inadmissible for assisting in smuggling undocumented minors into the U.S. because mere presence and acquiescence in another's plan to smuggle noncitizens does not constitute alien smuggling under INA 212(a)(6)(E)(i), 8 U.S.C. 1182(a)(6)(E)(i)).
ALIEN SMUGGLING - OFFENSE DOES NOT END AT BORDER BUT CONTINUES UNTIL SMUGGLER CEASES TO TRANSPORT NONCITIZEN
Covarrubias v. Gonzales, __ F.3d __ (9th Cir. May 29, 2007) (alien smuggling, as defined in 8 U.S.C. 1182(a)(6)(E)(i), does not end once the noncitizen crosses the border, but continues until the initial transporter who brings the noncitizen into the U.S. ceases to transport the person).