Whether a prosecution under the enhanced penalties of 8 U.S.C. § 1324(a)(2)(B)(ii) can be sustained where the "private financial gain" involved is a de minimis fee or cost where a family friend or acquaintance, who is already here in the United States, merely loans someone the money required to come to the United States seeking a better life for themselves and their families?

Whether a prosecution under the enhanced penalties of 8 U.S.C. § 1324(a)(2)(B)(ii) can be sustained where the 'private financial gain' involved is a de minimis fee or cost where a family friend or acquaintance, who is already here in the United States, merely loans someone the money required to come to the United States seeking a better life for themselves and their families?