Evelyn Sineneng-Smith v. United States

Do the terms “encouraging” and “inducing” an alien to reside in the United States, within the meaning of 8 U.S.C. § 1324(a)(1)(A)(iv), extend to the filing of lawful and permissible immigration applications that confer some legitimate benefit to the alien, simply because the alien is allegedly misled as to the extent of the benefit?

May the terms “encourage” and “induce” as stated in 8 U.S.C. § 1324(a)(1)(A)(iv) be validly interpreted to include anything that helps or facilitates an alien who is already residing illegally in the United States, and already illegally employed in the United States, to remain there?

Does the language of 8 U.S.C. § 1324(a)(1)(A)(iv) provide fair notice that it encompasses conduct that provides a legitimate benefit to an alien and seeks certifications that can be lawfully applied for on the alien’s behalf, simply on the ground that the alien is allegedly misled regarding the extent of the benefit, and is the statute unconstitutionally vague as applied to such conduct?

Did the application of Section 1324(a)(1)(A)(iv) in this case violate petitioner’s First Amendment right to persuade aliens already residing and employed illegally in the United States to pursue available legal remedies? -i-