Ramos v. Holder
2011 U.S. App. LEXIS 21772
| 4th Cir. | 2011Background
- Ricardo Paz Ramos, his wife Berta, and their four Guatemala-born children entered the U.S. illegally over several decades starting in 1989.
- Each child allegedly obtained money from Ricardo and Berta via hotels in Mexico to facilitate the illegal crossing into the United States.
- Ricardo testified that the funds were to enable his children to arrive, cross the border, or travel illegally into the U.S.
- The Immigration Judge and the BIA concluded Ricardo and Berta violated INA 212(a)(6)(E) (alien smuggling) and lacked good moral character for NACARA cancellation.
- NACARA allowed certain Guatemalan entrants to seek pre-IIRIRA suspension of deportation with requirements including seven years’ continuous presence and good moral character.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 212(a)(6)(E) applies to Ricardo and Berta | Ramos argues no knowledge/assistance needed. | Ramos contends the statute applies to their conduct. | Yes; the agency properly applied the statute and substantial evidence supports knowledge and assistance. |
| Standard of review for alien smuggling findings | Defer to agency interpretations of the INA. | Agency determinations should be upheld if supported by substantial evidence. | Agency decision affirmed; deference and substantial evidence standard applied. |
| Whether the court should delimit the scope of 'knowing assistance' | Limit to border presence, compensation, or illicit acts. | No artificial limits; case-by-case adjudication. | No rigid limits; totality of circumstances governs knowing assistance; petition denied. |
Key Cases Cited
- Urzua Covarrubias v. Gonzales, 487 F.3d 742 (9th Cir. 2007) (admits smuggling can occur without border presence)
- Soriano v. Gonzales, 484 F.3d 318 (5th Cir. 2007) (aliens may aid entry even without being at the border)
- INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) (case-by-case adjudication; give concrete meaning to statutes)
- Gonzales v. Aguirre-Aguirre, 526 U.S. 415 (1999) (deference to agency in immigration matters)
- Huaman-Cornelio v. BIA, 979 F.2d 999 (4th Cir. 1992) (substantial evidence standard in review of agency factuals)