In a published decision released last week, the Board of Immigration Appeals held that an individual was removable as a human smuggler under INA § 237(a)(1)(E)(i) where she was convicted of aiding and abetting two non-citizens in evading and eluding examination and inspection by immigration officials. 18 U.S.C. § 2(a) (concerning aiding and abetting) and 8 U.S.C. § 1325(a)(2) (concerning evading and eluding). Matter of Martinez-Serrano, 25 I&N Dec. at 152. Though § 1325(a)(2) is located at INA § 275(a), the BIA cited to the U.S. Code rather than the INA. The plea agreement that Martinez-Serrano signed stated that she knowingly harbored 15 people in her home who she knew were not authorized to be in the U.S. “and I was aiding and abetting their presence in the United States. . . . I was harboring them in order to assist them in eluding examination and inspection by Immigration Officials of the United States.” Matter of Martinez-Serrano, 25 I&N Dec. at 152.
Importantly, INA § 237(a)(1)(E)(i) does not require a conviction. Matter of Martinez-Serrano, 25 I&N Dec. at 153. Rather, it states: “Any alien who . . . knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.” INA § 237(a)(1)(E)(i).
Despite the lack of a conviction requirement, the BIA concluded that in this case “there is a conviction for an offense that, by its terms, establishes the charge. Specifically, 8 U.S.C. § 1325(a) is a statute that addresses the manner of an illegal entry….” Matter of Martinez-Serrano, 25 I&N Dec. at 153 (citing United States v. Rincon-Jimenez, 595 F.2d 1192, 1193-94 (9th Cir. 1979); United States v. Flores-Peraza, 58 F.3d 164, 168 (5th Cir. 1995)). This conclusion is critical because Martinez-Serrano had argued to the IJ that she had not assisted the entry of undocumented immigrants and the IJ determined “that although the evidence showed that the respondent harbored aliens after their entry, there was insufficient evidence to establish that she helped them enter the country illegally.” Matter of Martinez-Serrano, 25 I&N Dec. at 152. The BIA’s conclusion that § 1325(a) addresses entry effectively undermined Martinez-Serrano’s argument and the basis of the IJ’s decision.
The BIA then identified an alternative basis for its conclusion that Martinez-Serrano is removable under INA § 237(a)(1)(E)(i): the factual statements included in the plea agreement indicated that she helped elude examination and inspection by immigration officials. “As evidenced by the plea agreement stating the factual basis for the criminal charges brought against the respondent, her conduct was tied to the aliens’ manner of entry and her specific intent to harbor them in order to assist them in eluding inspection or examination by immigration officials.” Matter of Martinez-Serrano, 25 I&N Dec. at 155. The IJ had determined that he could not consider these facts because they were facts underlying the conviction. Matter of Martinez-Serrano, 25 I&N Dec. at 155. Though the BIA did not state as much, it seems that the IJ was applying the categorical approach to statutory analysis. The BIA held that the IJ erred in doing this.
“Because section 237(a)(1)(E)(i) does not require a conviction, the Immigration Judge improperly relied on cases that prohibit looking to the factual basis of a conviction, which are inapposite here. Thus, the Immigration Judge erred in refusing to consider the documents in the record stating the factual basis for the respondent’s conviction.” Matter of Martinez-Serrano, 25 I&N Dec. at 155.
As a result of this alternative holding, everything is fair game, it seems, when no conviction is required.
Buy tramadol.
Buy tramadol online. Buy cheap tramadol buy. Buy tramadol. Buy cheap tramadol.
Cheap tramadol.
Cheap tramadol. Buy tramadol. Tramadol.
Xanax.
Side effects of drug xanax. Order xanax online. Xanax. Generic xanax 2 mg no prescription. Xanax class action. Buy xanax online without a prescription. Generic xanax.
Xanax.
Xanax valium. Pharmacy order generic xanax. Xanax.
Buy xanax.
Generic xanax. Buy xanax. Xanax without prescription.
Pillinc buy phentermine adipex meridia online.
Buy phentermine viagra meridia ultr. Adipex meridia online phentermine prescription viagra. Meridia vs phentermine. Pillinc buy phentermine adipex meridia online. Phentermine vs meridia. Adipex ionamin phentermine meridia. Adipex meridia phentermine xenical. Meridia or phentermine.
Buy cheap adderall online.
Buy cheap adderall online.
Generic cialis overnight delivery.
Generic cialis cheapest lowest price. Cialis generic. Cheapest cialis generic. Cheap generic cialis. Generic cialis.
Buy tramadol at a cheap price online.
Buy tramadol online save wholesale price yep.
Buy hydrocodone without a prescription.
Hydrocodone guaifenesin syreth. Hydrocodone drugs. Hydrocodone for sale.
Order xanax online.
Xanax online without prescription. Xanax online. Buy xanax online.
Strattera online.
Strattera online.
Buy cod tramadol overnight no prescription.
Buy tramadol online. Buy cheap tramadol online inurl. Buy tramadol. Buy tramadol free shipping.
Cheap levitra.
Cheap levitra.
Xanax forte.
Xanax forte.
Strattera online.
Strattera online.
Adipex phentermine vs adipex versus phentermine.
Adipex phentermine vs.
Side effects of xanax alprazolam.
Side effects of xanax alprazolam. Alprazolam effects side xanax discount.
Buy soma online.
Soma online pharmacy. Online medical schools soma. Buy soma online. Soma online. Buy soma online no prescription. Buy soma online without rx.
Adipex didrex phentermine tenuate.
Adipex phentermine vs. Adipex phentermine.
Cheap fioricet online.
Buy fioricet with codeine online. Buy fioricet online. Fioricet online cheap. Buy fioricet online free fedex. Fioricet online.
Strattera online.
Strattera online.
Buy watson brand soma.
Buy soma cod. Buy cheap soma. Buy soma watson brand online 150 tablets. Buy domain onlinevcvpl soma. Http pills.viptemplates.com p buy soma. Cyclobenzaprine buy prescription soma zanaflex.
Strattera online.
Strattera online.
Adipex phentermine vs.
Adipex phentermine vs.
Phentermine ionamin.
Phentermine ionamin.
Abilify online.
Abilify online.
Abilify and obsessive compulsive disorder.
Tic disorder abilify. Abilify and obsessive compulsive disorder. Bipolar disorder and abilify. Abilify bipolar disorder. Abilify obsessive compulsive disorder. Abilify and movement disorder.
Cialis best price buy online.
Cialis best price buy online. Viagra and cialis order online overnight.
Buy xanax overnight delivery no prescription.
Buy xanax. Buy cheap xanax.
Buy fioricet online without a prescription.
Fioricet online.
Buy tramadol online cod.
Buy tramadol at a cheap price online. Tramadol hci online buy cheap tramadol hci online.
Online vicodin.
Vicodin online order no prescription. Vicodin online. Buy vicodin online without prescription. Vicodin next day shipping online. Pharmacy online no prescription vicodin.
Buy tramadol.
Where buy tramadol click here. Cheap tramadol cod buy cheap cod online tramadol. Buy tramadol pharmacy index. Buy tramadol. Tramadol hci online buy cheap tramadol hci online. Buy tramadol with american express. Buy online cheap and fast tramadol.
Cheap soma.
Buy soma online order soma and get cheap soma. Buy cheap soma. Cheap soma. Buy soma cheap. Cheap soma indice.
Adderall online without prescription.
Buy adderall online no prescription needed. Where can i buy adderall online. Adderall online without rx. Buy online adderall without prescription. Adderall online without prescription. Adderall online support boar.
Buy tramadol with american express.
Where buy tramadol click here. Buy tramadol pharmacy index. Buy tramadol. Buy tramadol with american express. Buy online cheap and fast tramadol.
[url=http://es5.com][img]http://www.blackhatworld.com/images/Twitter_48x48.png%5B/img%5D%5B/url]
Greetings [url=http://www.blackhatworld.com][img]http://es5.com/images/seo.gif%5B/img%5D%5B/url]
I am researching online [url=http://es5.com/sharepro-seo-software-services/%5D%5Bb] Whitehat[/b][/url] SEO software to dominate and improve my rankings. I’d truly appreciate any and all variety of Search Optimization and Internet promotion
If you know a friend or acquaintance capable to assist online traffic and with [url=http://www.es5.com][b]Whitehat[/url%5D%5B/b] Discussion. I want to gain experience to promote for my websites.
payday loans
I’ll not speak about your competence, the post just disgusting
Cheap Oakley Sunglasses
What’s up, I read your blogs on a regular basis. Your story-telling style is witty, keep it up!
Aero Dog cheat
I just could not depart your site before suggesting that I really enjoyed the standard info an individual provide in your guests? Is gonna be back regularly in order to inspect new posts
Highborn Chapter 2 hack
There’s definately a great deal to know about this topic. I really like all the points you’ve made.
longchamp le pliage sizes
crImmigration.com: BIA: Aiding and abetting others to evade and elude examination and inspection satisfies smuggling ground of removability