(B) Trafficking in Persons.  Any noncitizen “who is listed in a report submitted pursuant to section 7108(b) of Title 22, or who the consular officer or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of Title 22, is inadmissible.”[211]

 

                This ground, similar to the controlled substances “reason to believe” ground,[212] also includes any noncitizen who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible[,] except a son or daughter who was a child at the time s/he received the benefit described in such clause.”[213]

 

                The “reason to believe” analysis and burdens under this ground should be the same as for the “reason to believe” drug trafficking ground.  See § 21.6, infra.

 

The conduct covered under this ground of inadmissibility will likely also be considered a crime of moral turpitude,[214] an aggravated felony[215]  and trigger other grounds of deportability.[216]

[211] INA § 212(a)(2)(H)(i), 8 U.S.C. § 1182(a)(2)(H)(i).

[212] See § 21.7, supra.

[213] INA § 212(a)(2)(H)(ii)-(iii), 8 U.S.C. § 1182(a)(2)(H)(ii)-(iii).

[214] Cf. Matter of E, 1 I. & N. Dec. 505 (BIA 1951) (attempted compulsory prostitution).

[215] INA § 101(a)(43)(K)(i), 8 U.S.C. § 1101(a)(43)(K)(i) (owning, controlling managing, or supervising a prostitution business); INA § 101(a)(43)(K)(ii), 8 U.S.C. § 1101(a)(43)(K)(ii) (transportation for purposes of prostitution).  See § 19.82, infra.

[216] INA § 237(a)(2)(D)(iv), 8 U.S.C. § 1227(a)(2)(D)(iv). See § 17.22.

Fifth Circuit

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).

Ninth Circuit

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).