Zeferino Guzman-Guzman v. Immigration and Naturalization Service

Petitioner Zeferino Guzman-Guzman (Guzman) is a permanent-resident alien charged with being deportable for knowingly and for gain assisting aliens to enter the United States illegally. See 8 U.S.C. § 1251 (a)(13). After a hearing before an immigration judge Guzman was found deportable and this finding was affirmed by the Board of Immigration Appeals. We reverse.

Guzman’s difficulties commenced when he was stopped by an officer of the California Highway Patrol near Palm Springs, California while driving a car in which four aliens were passengers. In due course each of the four alien passengers made statements written in English to immigration officers in which each said in substance that Guzman was assisting them to enter the United States illegally for $50 each, payable after each found work. Not one of the alien passengers spoke or read English.

At Guzman’s deportation hearing three of the four alien passengers testified. Over timely objection the written statements of all four of the passenger-aliens were introduced. However, each of the three witnesses testified that the statements reflected a “misunderstanding” about payment. Each testified that any payment to Guzman was…