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Deportability Grounds Outline

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This is an extract of our Deportability Grounds document, which we sell as part of our Immigration Law Outlines collection written by the top tier of University Of Washington School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Immigration Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Deportability Grounds I. IIRAIRA: Changed entry to admission: If alien never lawfully admitted, must

contend with inadmissibility, not deportability grounds: SS 212(a)(6)(A); 235(a)(1) A. Purpose: to remove those noncitizens whose continued presence Congress finds injurious to public welfare B. Current Deportability Grounds SS 237(a) II. Meaning and Significance of ENTRY and ADMISSION A. Admission: the lawful entry of the alien into the US after inspection and authorization by an immigration officer: SS 101(a)(13). Thus, No deportation proceedings unless alien made an ENTRY B. Meaning of Entry: Matter of Ching and Chen: Entry means

1. A crossing into the territorial limits of the US, i.e., physical presence

2. Inspection and admission by an immigration officer OR actual and intentional evasion of inspection at the nearest inspection point

3. Freedom from official restraint

4. Alien's parole into country is not valid entry, nor is an alien detained by the Service: Matter of Lin a. Distinction between Ching and Lin: Lin was already in exclusion proceedings, whereas Ching were not in exclusion proceedings and their inspection was complete and determination was final C. Burden of entry: BIA found that each individual carries the burden of proving entry III. Inadmissibility grounds: SSSS 212(a)(3)(C)(i), 212(a)(5)(A)(i), 212 (a)(6)(E), 212 (a)(7)(i)(I) A. Inadmissibility at entry SS 237(a)(1)(E)

1. Becoming public charge within 5 years of entry SS 237(a)(5)

2. Entry's effect on procedure: Arriving aliens and EWI aliens have slightly different standards of proof for required proof of admissibility SS 240(c)(2) a. Aliens present in US at least 2 years exempt from expedited removal procedure required for all the aliens who are inadmissible on document or fraud SS 235(b)(1)(A)

3. Entry determines presence

4. Alien ordered removed or an alien who voluntary departed who reenters, can be ejected without new removal hearing SS 241(a)(5) B. Definition of Admission refers to entry SS 101(a)(13): Means the lawful entry of alien into US after inspection and authorization by immigration officer C. Rosenberg v. Fleuti (1963): Innocent, casual, and brief excursions not necessarily intended as departure disruptive of LPR status are subjective to entry consequences

1. Fleuti Test (To determine if Departure is Intended) a. Length of Time Absent b. Purpose of visit/absence c. Procurement of Travel Documents

2. Camins v. Gonzalez (9th Cir. 2007): We hold that IIRIRA SS 301(a)(13) did abrogate the old INA SS 101(a)(13) and the Fleuti doctrine, but that the new law cannot be applied retroactively to LPRs who acted in reasonable reliance on the old law prior to IIRIRA's effective date. D. Abandonment of Permanent Residence

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