Sandhu

MEMORANDUM *

Surinder Singh Sandhu petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”) finding Sandhu deportable as an alien who “knowingly ... encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.” Former Immigration and Nationality Act § 241(a)(1)(E)®, 8 U.S.C. § 1251 (a)(1)(E)®. We grant the petition for review, vacate the order and remand to the INS.

The facts are well known to the parties and will be stated only as necessary to understand the order. The question before us is whether the INS failed to prove by clear, convincing and unequivocal evidence that the woman and children, tentatively identified as the Bhaths, whom Sandhu allegedly assisted in entering the United States, were aliens. There is no serious controversy that Sandhu participated in assisting certain persons to enter the United States from Canada. The missing link in the government’s evidence was caused by its failure to prove by clear and convincing evidence that the persons whom Sandhu helped to enter the United States were aliens whose entry was…