United States Fifth Circuit

Any alien seeking admission to the U.S. who participates in a scheme to aid other aliens in an illegal entry is inadmissible under the language of 8 U.S.C. section 1182, regardless of whether the assisting individual was present at the border crossing. A petition for review of a decision holding petitioner inadmissible to the U.S. as an alien smuggler under the Immigration and Nationality Act is denied over claims that the BIA based its holding on an erroneous interpretation of the statute and that the holding was not supported by substantial evidence.

Appellate Information

• Decided 04/05/2007
• Published 04/06/2007

Judges

• REAVLEY, Circuit Judge:, Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Carlos Spector, El Paso, TX, for Petitioner.


• For Appellees:
  
• Edward C. Durant, U.S. Dept. of Justice, Civil Div. Immigration Litigation, Thomas Ward Hussey, Director, Linda Susan Wendtland, Norah Ascoli Schwarz, U.S. Dept. of Justice, Office of Immigration Litigation, Alberto R. Gonzales, U.S. Dept. of Justice, Washington, DC, Trey Lund, Field Office Director, Attn:  Carl Perry, U.S. Immigration and Customs Enforcement, New Orleans, LA, Guadalupe R. Gonzales, Immigration & Customs Enforcement, El Paso, TX, for Respondent.