Jorge Soto-Hernandez v. Immigration and Naturalization Service

POLITZ, Circuit Judge:

Petitioner Jorge Soto-Hernandez is a resident alien charged with knowingly and for gain assisting an alien, Filemon Rosas-Gallegos, to enter the United States illegally, in violation of section 241(a)(13) of the Immigration and Naturalization Act, 8 U.S.C. § 1251(a)(13). After a hearing, an immigration judge found Soto deportable and the Board of Immigration Appeals entered a per curiam order dismissing his appeal. We grant review and vacate the deportation order.

Soto, a citizen and national of Mexico, was granted permanent residency in April 1979. His wife and two small…