Wednesday, December 9, 2009

Matter of Maria del Carmen MARTINEZ-SERRANO

(1) An alien’s conviction for aiding and abetting other aliens to evade and elude examination and inspection by immigration officers in violation of 18 U.S.C. § 2(a) (2006) and 8 U.S.C. § 1325(a)(2) (2006) establishes that the convicted alien is removable under section 237(a)(1)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(E (i)(2006).

(2) Where the facts underlying the respondent’s conviction demonstrated that she knowingly assisted other aliens to enter the United States in violation of law, clear and convincing evidence established that she is removable under section 237(a)(1)(E)(i) of the Act.

File A092 340 037 - Florence, Arizona
25 I&N Dec. 151 (BIA 2009)
Decided December 9, 2009
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals

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