In re Pena

1 Analyses of this admin-law by attorneys

  1. BIA: Exceptions Must Apply to Consider Returning Lawful Permanent Residents as Seeking Admission to the U.S.

    University of Denver Sturm College of LawSeptember 1, 2015

    By: Sarah FlinnThe Board of Immigration Appeals recently held that a returning lawful permanent resident may not be regarded as seeking admission to the United States unless one of the exceptions listed in INA § 101(a)(13)(C) applies. Matter of Pena, 26 I&N Dec. 613, 618 (BIA June 16, 2015).The main issue faced by the Board in Matter of Pena is whether Mr. Pena, who was granted lawful permanent resident status on June 5, 2000, could be charged under INA § 212(a) as an arriving alien seeking admission to the U.S. despite the fact that none of the exceptions in § 101(a)(13)(C) applied to him.