Juarez-mendez

MEMORANDUM

Lino Juarez-Mendez, a native and citizen of Mexico and a.legal permanent resident of the United States, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) determination that he is inadmissible as an alien smuggler under 8 U.S.C. § 1182 (a) (6) (E) (i). We grant the petition for review. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

We conclude that, under the specific circumstances of this case, the actions of the petitioner did not constitute alien smuggling within the meaning of the statute. Section 1182(a)(6)(E)(i) holds inadmissible “[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.” 8 U.S.C. § 1182 (a)(6)(E)® (emphasis added). Although we recognize that “Congress intended the civil alien smuggling statute to apply to a broad range of conduct,” Covarrubias v. Gonzales, 487 F.3d 742, 748 (9th Cir.2007), the plain language of § 1182(a)(6)(E)® requires assistance to an unlawful entry or attempted…