Matter of RIVENS, ID 3731, 25 I&N Dec. 623 (BIA 2011)

Matter of RIVENS, ID 3731, 25 I&N Dec. 623 (BIA 2011) - (1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to the United States, the Department of Homeland Security has the burden of proving by clear and convincing evidence that one of the six exceptions to the general rule for lawful permanent residents set forth at section 101(a)(13)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(C) (2006), applies. (2) The offense of accessory after the fact is a crime involving moral turpitude, but only if the underlying offense is such a crime.

BIA, Oct. 19, 2011.