§ 19.25 (A)
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(B) Related Grounds. Alien smuggling conduct may trigger deportability or inadmissibility under other grounds even if there is no conviction. A person who has aided, assisted or encouraged others to enter the U.S. illegally is inadmissible and deportable under the “alien smuggling” conduct-based removal grounds, regardless of whether s/he has been convicted of the federal criminal offense. Therefore, criminal counsel should aid the client to avoid making any admission of this conduct that might come to the attention of the immigration authorities, even if the client successfully avoids a conviction of this criminal offense. Some waivers of these non-conviction grounds of removal are available. See § § 24.28-24.30, infra. Alien harboring and transporting are not included in these conduct-based alien smuggling removal grounds.
 INA § 237(a)(1)(E)(i), 8 U.S.C. § 1227(a)(1)(E)(i); INA § 212(a)(6)(E), 8 U.S.C. § 1182(a)(6)(E).
AGGRAVATED FELONY - ALIEN SMUGGLING - AIDING AND ABETTING
Biskupski v. Attorney Gen. of the US, __ F.3d __, 2007 WL 2774528 (3d Cir. Sept. 25, 2007) (federal misdemeanor conviction of violating 8 U.S.C. 1324(a)(2)(A), aiding and abetting alien smuggling, is an "aggravated felony" even though only punishable as a misdemeanor under federal law).
AGGRAVATED FELONY - ALIEN SMUGGLING
United States v. Guzman-Mata, 579 F.3d 1065 (9th Cir. Aug. 27, 2009) (federal conviction for violation of 8 U.S.C. 1324(a)(1)(A) is categorically an "alien smuggling" offense; noncitizen bears burden of showing that "family" exception applies; shift of burden is not impermissible).
NOTE: This case relies upon the reasoning of Nijhawan v. Holder, 557 U.S. __, 129 S.Ct. 2294 (2009).
IMMIGRATION OFFENSES - ALIEN SMUGGLING - CONTINUING OFFENSE TERMINATES WHEN SMUGGLER DROPS THE NONCITIZEN OFF AT A LOCATION WITHIN THE UNITED STATES
United States v. Lopez, 484 F.3d 1186 (9th Cir. May 7, 2007) (bringing a noncitizen to the United States, in violation of 8 U.S.C. 1324(a)(2), is a continuing offense that terminates when the initial transporter who brings the alien to the United States drops off the person at a location in this country), overruling United States v. Ramirez-Martinez, 273 F.3d 903, and United States v. Angwin, 271 F.3d 786.