"[W]e hold that for a lawful permanent resident to be deportable under section 237(a)(l)(E)(i) of the Act, the smuggling offense must have occurred prior to, at the time of, or within 5 years of an "entry" as that term is interpreted in...
though the Vartelas Court did not
have to decide if Fleuti still lived,
it reminds us that, despite the failure of the BIA to realize it in Collado-Munoz , Fleuti is at heart a constitutional decision. Vartelas belongs in this same line of cases...