Parra-Rojas v. Attorney General U.S., ___ F.3d ___, ___, 2014 WL 1230001 (3d Cir. Mar. 26, 2014) (federal conviction of Bringing In or Harboring Aliens for Financial Gain, in violation of INA 274(a)(2)(B)(ii), 8 U.S.C. 1324(a)(2)(B)(ii), did not trigger inadmissibility under INA 212(a)(6)(E)(i), 8 U.S.C. 1182(a)(6)(E)(i) (the smuggling bar), which renders an alien inadmissible if he has knowingly ... encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law, because the actual conduct, rather than a conviction, determines this ground of inadmissibility; here, Petitioner had no involvement with the aliens prior to their entry to the United States, did not provide any assistance, financial or otherwise, in their entry, and did not commit any other affirmative act that encouraged, induced, assisted, abetted, or aided the aliens' entry, as required by 1182(a)(6)(E)(i).)

 

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