Parra-Rojas v. Att’y Gen. of the U.S.

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In 1984, Petitioner, a citizen of Colombia, was admitted to the U.S. at age 20 as a lawful permanent resident. He married a U.S. citizen and has a son, also a citizen. Until 2009, Petitioner lived without incident. In 2009, he was stopped at a checkpoint near North Hudson, New York, with two passengers in his car. Petitioner admitted that he was aware they were illegal aliens, that he had picked them on the U.S. side of the border, that he was to be paid $1,000 to drive them to Queens, and that he had performed such work twice before. Petitioner was charged with Bringing In and Harboring Aliens, 8 U.S.C.1324(a)(2)(B)(ii) and 18 U.S.C. 2, and Transporting Illegal Aliens, 8 U.S.C. 1324(a)(1)(A)(ii), (a)(1)(B)(i). Charged with removability under 8 U.S.C. 1227(a)(2)(A)(iii), based on conviction for an aggravated felony, Petitioner applied for adjustment of status under 8 U.S.C. 1255(a). The government conceded that an aggravated felony conviction does not, alone, render an alien ineligible for adjustment of status, but urged that conviction under 1324(a)(2)(B)(ii) rendered him inadmissible under 8 U.S.C. 182(a)(6)(E)(i), as “an alien who … knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or try to enter the United States in violation of law.” The IJ denied adjustment of status. The BIA affirmed. The Third Circuit reversed. Petitioner’s conduct did not constitute encouraging, inducing, assisting, abetting, or aiding another alien to enter the U.S. View "Parra-Rojas v. Att'y Gen. of the U.S." on Justia Law