(C)  International Child Abduction.  Any noncitizen “who, after entry of an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is inadmissible until the child is surrendered to the person granted custody by that order.”[217]

 

                The Act also makes inadmissible any noncitizen who has given any assistance to someone described above by assisting in the trafficking conduct or providing any material support.  The Act also makes inadmissible, anyone who “is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place of residence.”[218]

 

These grounds do not apply to: (I) to a government official of the United States who is acting within the scope of his or her official duties; (II) to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion; or (III) so long as the child is located in a foreign state that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.[219]

 

The conduct covered under this ground of inadmissibility may be considered a crime of moral turpitude,[220] an aggravated felony[221]  and trigger other grounds of deportability.[222]

 

[217] INA § 212(a)(10)(C)(i), 8 U.S.C. §   1182(a)(10)(C)(i).

[218] INA § 212(a)(10)(C)(ii), 8 U.S.C. §   1182(a)(10)(C)(ii).

[219] INA § 212(a)(10)(C)(iii), 8 U.S.C. § 1182(a)(10)(C)(iii).

[220] See Chapter 20, infra.

[221] See INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A) (sexual abuse of a minor).  See § § 19.87-19.92, infra.  INA § 101(a)(43)(H), 8 U.S.C. § 1101(a)(43)(H) (extortion).  See § 19.64, infra.

[222] INA § 237(a)(2)(D)(iv), 8 U.S.C. § 1227(a)(2)(D)(iv).  See § § 17.22, supra.  INA § 237(a)(2)(E), 8 U.S.C. § 1227(a)(2)(E).  See § § 22.9.

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).