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BIA Limits Koloamatangi: Matter of Pena

June 16, 2015 (1 min read)

OFFICIAL HEADNOTE: An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as seeking an admission and may not be charged with inadmissibility under section 212(a) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a) (2012), if he or she does not fall within any of the exceptions in section 101(a)(13)(C) of the Act, 8 U.S.C. § 1101(a)(13)(C) (2012). Matter of Koloamatangi, 23 I&N Dec. 548 (BIA 2003), distinguished. - Matter of Pena,  26 I&N Dec. 613 (BIA 2015)  [Hats off to Michele H. Kane!]