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Santos-Sanchez v. Holder

Facts

Santos, a native and citizen of Mexico, became a lawful permanent resident of the United States in 2001. In 2003, he pleaded guilty to aiding and abetting the illegal entry of Alberto Fonseca Rodriguez, a Mexican national, in violation of 8 U.S.C. 1325(a) and 18 U.S.C. 2(a). The criminal complaint indicated that Santos was driving a car that was inspected at a border patrol checkpoint in Laredo, Texas, where Fonseca was found in the rear seat. The investigation revealed that Santos was called to pick up Fonseca after he crossed the Rio Grande River.

Santos, a native and citizen of Mexico, became a lawful permanent resident of the United States in 2001. In 2003, he pleaded guilty to aiding and abetting the illegal entry of Alberto Fonseca Rodriguez ('Fonseca'), a Mexican national, in violation of 8 U.S.C. 1325(a) and 18 U.S.C. 2(a). The criminal complaint set forth that the car Santos was driving was inspected as he approached a border patrol checkpoint in Laredo, Texas, and that Fonseca was found in the rear seat. The complaint also provided that investigation revealed that Santos was called by an unknown person to pick up Fonseca after Fonseca crossed the Rio Grande River.

Issue

Whether Santos's conviction under 8 U.S.C. 1325(a) rendered him removable pursuant to 1227(a)(1)(E)(i).

The question we must decide is whether Santos's conviction under 8 U.S.C. 1325(a) rendered him removable pursuant to 1227(a)(1)(E)(i).

Rule

The government is required to establish the grounds of removability by 'clear, unequivocal, and convincing evidence.'

The government is required to establish the grounds of removability by 'clear, unequivocal, and convincing evidence.'

Analysis

The court applied the rule by reviewing the conviction documents associated with Santos's 1325(a) conviction, including the criminal complaint and judgment of conviction. The BIA found that these documents established that Santos 'encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.' The court noted that Santos's arguments regarding the nature of his conviction were essentially collateral attacks, which are not permitted in an appeal of a removal order.

Reading the 2006 and 2008 BIA decisions together, it is clear that the BIA actually relied on the documents associated with Santos's 1325(a) conviction, including the criminal complaint and judgment of conviction, to find that Santos's particular conduct established his removability.

Conclusion

The petition for review was denied, affirming the BIA's determination that Santos's conviction established his removability.

For the foregoing reasons, the petition for review is DENIED.

Who won?

The Board of Immigration Appeals prevailed in the case, as the court upheld their determination that Santos's conviction rendered him removable.

The BIA found Santos removable because the conviction documents establish that he 'encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.'

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