2 Analyses of this admin-law by attorneys
BIA: Gov bears burden of showing that returning LPR seeks admission; accessory after fact is CIMT if underlying crime is
University of Denver Sturm College of LawNovember 17, 2011The BIA recently held that the government bears the burden of showing that a returning LPR is seeking admission and that an accessory after the fact conviction involves moral turpitude only if the underlying crime does. Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (Pauley, Greer, and Wendtland, Board Members). Board Member Pauley wrote the panel’s decision.
BIA: LPR seeks admission if caught engaging in illegal activity at port of entry
University of Denver Sturm College of LawOctober 23, 2012The presumption may be rebutted if the DHS establishes by clear and convincing evidence that one or more of six statutory exceptions apply. Id. (citing Matter of Rivens, 25 I&N Dec. 623 (BIA 2011)). DHS then invoked the exception in § 101(a)(13)(C)(iii) of the Act, which authorizes a returning lawful permanent resident to be regarded as an applicant for admission if he “has engaged in illegal activity after having departed the United States.”