BIA on Reliable Evidence, Alien Smuggling: Matter of Guzman-Sanchez (Unpub.)

BIA on Reliable Evidence, Alien Smuggling: Matter of Guzman-Sanchez (Unpub.)

"The Immigration Judge found that, based on the testimony of a Department of Homeland Security ("DHS") Special Agent and two Border Patrol Agents, as well as documentary evidence of record including an 1-213, Record of Deportable/Inadmissible Agent, the DHS had established by clear and convincing evidence that the respondent was deportable under section 237(a}{l)(E)(i) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. § 1227(a)(l)(E)(i), as one who had, within 5 years of the date of her last entry, knowingly encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law (l.J. at 7-15). ... 

... [N]one of the three agents who testified indicated that they had any personal knowledge of the respondent's involvement in transporting aliens into the United States. As such, we find that the DHS has not established by evidence that is clear and convincing, that the respondent participated in the "initial transportation" of aliens into the United States. ... 

... [W]hile we agree that the 1-213 was admissible, we agree with the respondent that much of the information contained therein was of questionable reliability. ... 

... [W]e find a lack of reliable evidence that the respondent arranged or pre-arranged illegal border crossings by aliens, and thus was involved in the "initial transportation" of aliens, or knowingly encouraged, induced, abetted, or aided an illegal entry, even if she was not actually involved in the initial transportation. Therefore, we agree with the respondent that the DHS has not met its burden of showing that the respondent is deportable as an alien smuggler. Accordingly, we will terminate removal proceedings in this matter." - Matter of Guzman-Sanchez, A087-118-694 - Eloy, AZ, Oct. 23, 2013, unpub.  [Courtesy of Ben Winograd and the Immigrant Refugee & Appellate Center.  Hats off to attorney Gabriel G. Leyba!

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