In the Matter of Areguillin

1 Analyses of this admin-law by attorneys

  1. Inadmissible Admission

    Alexander J. SegalMarch 3, 2016

    Furthermore, an alien who is admitted but is in fact inadmissible may accrue unlawful presencethat counts toward the 3- and 10-year bars of inadmissibility. Additionally, as we will discuss, it can sometimes be to an alien’s detriment to be considered to have been “admitted” as an LPR.Key Administrative and Judicial PrecedentsIn the Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), the Board of Immigration Appeals held that so long as an alien enters the United States after presenting him or herself for inspection and does not make a false claim of U.S. citizenship, he or she will be considered to have been admitted. The Board reaffirmed its precedent from the Matter of Areguillin in the Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010) where it held that admission refers to procedural regularity rather than whether the applicant for admission was actually admissible.