Ferreyra-Jacobo

MEMORANDUM **

Jose Ferreyra-Jacobo, a native and citizen of Mexico, appeals the order of the Board of Immigration Appeals (“BIA”), which affirmed the decision of the immigration judge (“IJ”) denying his petition for cancellation of removal. On March 28, 1999, Ferreyra-Jacobo was arrested at the U.S./Mexican border for attempting to smuggle his girlfriend, whom he later claimed was his common law wife, into the United States. Because Petitioner does not qualify for any of the statutory exceptions to removal, we deny the petition.

Removability under INA § 212(a) (6) (E)(i)

The law is clear that any alien “who at any time knowingly ... assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.” INA § 212(a)(6)(E)®. Ferreyra-Jacobo admitted to doing just that. The statute does not require proof of a conviction for smuggling and the only exception is for an alien who smuggles an individual who “at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual).” INA § 212(d)(ll) (emphasis added). There is no exception for a common law spouse, as Petitioner suggests, and the alien’s…