Griselda Sanchez v. Eric H. Holder Jr.
2012 WL 6685327, 704 F.3d 1107, 2012 U.S. App. LEXIS 26353 (2012)
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Rule of Law:
An alien's admission to knowingly attempting to bring another alien into the U.S. as a favor, providing false documentation, and planning for that alien's residence constitutes an affirmative act of aiding an illegal entry in violation of 8 U.S.C. § 1182(a)(6)(E)(i), rather than mere passive acquiescence.
Facts:
- Griselda Sanchez, a legal permanent resident of the United States, was a passenger in a car driven by her husband attempting to enter the U.S. at a port of entry in California.
- Also in the car were Sanchez's four children and a five-year-old girl named Andrea Cortez-Miranda.
- During a secondary inspection, Sanchez stated she was attempting to bring Cortez-Miranda across the border as a favor for the girl's parents.
- Sanchez admitted that she provided the birth certificate of another child for Cortez-Miranda to use for entry.
- Sanchez stated she was fully aware that Cortez-Miranda had no legal documents to enter or remain in the United States.
- Sanchez further stated that she intended for Cortez-Miranda to live with her in Paramount, California.
Procedural Posture:
- The U.S. government initiated removal proceedings against Griselda Sanchez in an immigration court.
- At the hearing, the Immigration Judge (IJ) admitted a Form I-213 containing Sanchez's incriminating statements into evidence over her hearsay objection.
- Based solely on the Form I-213, the IJ found Sanchez removable for knowingly aiding another alien's attempt to enter the U.S. in violation of law.
- Sanchez appealed the IJ's decision to the Board of Immigration Appeals (BIA).
- The BIA summarily affirmed the IJ's decision.
- Sanchez, as the petitioner, filed a petition for review of the BIA's final order with the U.S. Court of Appeals for the Ninth Circuit.
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Issue:
Does a legal permanent resident's admission to attempting to bring a child into the U.S. as a 'favor' to the parents, providing a false birth certificate for the child, and planning for the child to live with her, constitute an 'affirmative act' of aiding an illegal entry in violation of 8 U.S.C. § 1182(a)(6)(E)(i)?
Opinions:
Majority - Per Curiam
Yes. An alien's actions constitute an affirmative act in violation of § 1182(a)(6)(E)(i) when they go beyond mere passive participation. The court distinguished this case from precedents involving mere acquiescence, such as Aguilar Gonzalez. Unlike the petitioner in that case, Sanchez admitted to more than just being present; she confessed to a central, active role. Her statements that she was bringing the child as a 'favor,' had provided a false birth certificate, and intended for the child to live with her demonstrated that she 'knowingly participated in and aided the attempted entry.' These admissions, properly considered from the Form I-213, were substantial evidence of affirmative acts, not 'mere reluctant acquiescence in the plan of another.'
Analysis:
This decision refines the distinction between mere passive acquiescence and an 'affirmative act' under the alien smuggling inadmissibility ground. It establishes that an individual's own admissions regarding their intent and active participation, such as calling the act a 'favor' and making future plans for the smuggled alien, can be dispositive. This precedent strengthens the government's ability to use an alien's own statements, documented in a Form I-213, to prove the requisite 'affirmative act' for removability. It signals to lower courts that the analysis should focus on the quality and nature of the participation, not just the individual's presence during an illegal entry attempt.
