Ramos v. Holder, No 08-1271

Decided Oct. 27, 2011

The Fourth Circuit denied this petition for review from the Immigration Judge and the Board of Immigration Appeals. Ricardo Paz Ramos and his wife, Berta illegally entered the United States from Guatemala. Ricardo and Berta sent money to each of their four children at a hotel in Mexico, and each child arrived illegally in the United States shortly after. The Immigration Judge and Board of Immigration Appeals both determined that this monetary assistance amounted to “alien smuggling” under section 212(a)(6)(E) of the INA and that Ricardo and Berta thus lacked the “good moral character” necessary for cancellation of removal. The Nicaraguan Adjustment and Central American Relief Act permits aliens who satisfy specific criteria, including Ricardo, to apply for cancellation of removal. However, a person is per se ineligible to be a person of “good moral character” if that person is an alien “smuggler.” Section 212(a)(6)(E) of the INA, entitled “Smugglers,” applies to “[a]ny alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.” Due to the obvious pattern of financial aid resulting in the children’s arrival in the United States, coupled with Ricardo and Berta’s own testimony admitting their intent to bring their children across the border, the Court of Appeals agreed with the findings below and denied the petition for review.

Full Citation

-Sara I. Salehi

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