LexisNexis® Legal Newsroom
CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder

"Based on Petitioner’s conviction for an aggravated felony, the United States sought to remove him pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA). The immigration judge ("IJ") denied Petitioner statutory eligibility for a waiver of inadmissibility...

Two New Practice Advisories from the AIC Legal Action Center

Inspection and Entry at a Port of Entry: When is there an Admission? - "This practice advisory discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there...

Admission of Pot Use, Ever, May Bar Entry Into U.S.A.

"Ever try pot? Answer yes to a border agent, and foreigners could face permanent consequences even if they haven't used marijuana in years. More and more Canadians are learning the hard way that admitting to U.S. border agents that you smoked pot can bar you from entering the country forever...

Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)

(1) A grant of asylum is not an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006). (2) When termination of an alien’s asylum status occurs in conjunction with removal proceedings pursuant to...

BIA on Admission, CIMT: Matter of Pinzon

(1) An alien who enters the United States by falsely claiming United States citizenship is not deemed to have been inspected by an immigration officer, so the entry is not an “admission” under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012...

TPS = Admission for AOS Purposes: Ramirez v. Dougherty

"The only issue for the Court is whether Mr. Ramirez was “inspected and admitted,” and therefore eligible to adjust his status. The determination hinges on the interplay between the adjustment of status statute, § 1255(a), and a subsection of the TPS statute, § 1254a(f)(4)...

CA9 Limits Hernandez-Arias (Admission; IRCA)

"The opinion filed on March 21, 2014 is hereby amended as follows: Following page 12, first full paragraph, the following footnote is appended: 3 Our review in this case is confined to the operation of IRCA and its unique implementing regulations. Our disposition of this case does not contradict...

California Supreme Court to Rule on Bar Admission of Hong Yen Chang

" Last spring , ImmigrationProf reported on the efforts of UC Davis law students to seek the posthumous admission of Hong Yen Chang to the California State Bar. More than a century ago, Chang was denied the opportunity to practice law in California because of his race. Students in the UC Davis School...

Hong Yen Chang Admitted to California Bar...125 Years Late

"We grant Hong Yen Chang posthumous admission as an attorney and counselor at law in all courts of the state of California. ... it is past time to acknowledge that the discriminatory exclusion of Chang from the State Bar of California was a grievous wrong. It denied Chang equal protection of the...

BIA on Admission, Adjustment of Status, 237(a)(1)(H) - Matter of Agour

Official Headnote : Adjustment of status constitutes an “admission” for purposes of determining an alien’s eligibility to apply for a waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012). Matter of Connelly , 19 I&N Dec....

CA5 on Cancellation, 'Admitted in Any Status' - Tula-Rubio v. Lynch

"Tula-Rubio contends that he satisfies the seven-year continuous-residency requirement of the second element because he was waved through a border crossing in 1992, while the Government argues that the Board correctly held that this entry into the country was insufficient to satisfy § 1229b...

Cesar Vargas, DACAmented Lawyer

Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York - 2015 NY Slip Op 04657 - Decided on June 3, 2015 - Appellate Division, Second Department : "We are called upon to determine whether an undocumented immigrant, who is authorized to be present in the United...

BIA on Family Unity, 'Admission' - Matter of Fajardo Espinoza

Official Headnote : A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012), for purposes of establishing that an alien has accrued the requisite...

HHS Final Rule: Medical Examination of Aliens - Revisions to Medical Screening Process

Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 - "The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is issuing this final rule (FR) to amend its regulations governing medical examinations that aliens must undergo before...

CA5 on Admission, Status: Gomez v. Lynch

Gomez v. Lynch, Aug. 5, 2016 - "After representing throughout the litigation that there was no record of Gomez’s purported 1993 admission (and asserting at oral argument that records from the relevant time period did not exist at all ), the government reversed course. Now, it informs us, by...

CA5 on Chevron, Adjustment, Admission and Proper NTA Charging: Marques v. Lynch

Marques v. Lynch, Aug. 19, 2016 - "We are urged to press on beyond the seemingly clear language of the statute into the ambiguity created by the overall operation of the INA. The possibility of venturing beyond the confines of Sections 1227(a)(1)(A) and 1182(a)(7)(A) causes us to recall comments...

CA8 on Evidence of Admission, Departure: Rodriguez-Quiroz v. Lynch

Rodriguez-Quiroz v. Lynch, Aug. 31, 2016 - "Francisco Rodriguez-Quiroz, a native and citizen of Mexico, was charged with being subject to removal as an alien present in the United States without inspection and without admission or parole. Following a total of twelve hearings spread over a period...

CA9 on Adjustment of Status, Admission, TPS: Ramirez v. Brown

Ramirez v. Brown, Mar. 31, 2017 - Court staff summary: "The panel affirmed the district court’s summary judgment in favor of Jesus Ramirez in his action challenging the United States Citizenship and Immigration Service’s decision finding him ineligible to adjust to lawful permanent resident...