Matter of Guzman-Martinez, 25 I&N Dec. 845 (BIA 2012) (an LPR may be treated as an applicant for admission, pursuant to INA 101(a)(13)(C)(iii), 8 U.S.C. 1101(a)(13)(C)(iii), if the DHS proves by clear and convincing evidence that the returning resident engaged in illegal activity at a United States port of entry; "illegal activity" is activity that is criminal; attempting to smuggle another into the United States constitutes criminal activity that occurred after departure from the United States and before re-admission).
http://www.justice.gov/eoir/vll/intdec/vol25/3759.pdf