Perez-Arceo v. Lynch, No. 12-70635 (9th Cir. 2016)Annotate this Case
Petitioner, a Mexican citizen who became a legal permanent resident, seeks review of the BIA's finding of removability under 8 U.S.C. 1182(a)(6)(E)(i). Petitioner was charged as removeable along with his son and wife for allegedly participating in an attempt to smuggle his wife's family members into the United States in a van. The court granted the petition, concluding that the BIA failed to address the IJ's seemingly inconsistent credibility findings. Nor did the IJ make a finding that petitioner engaged in “an affirmative act of help, assistance, or encouragement” of smuggling as the court's case law requires for a violation of section 1182(a)(6)(E)(i). The court remanded on an open record for the IJ to reconsider his ruling, provide further explanation, and engage in further factfinding if necessary.