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Matthew Kolken on Deportation And Removal

Board of Immigration Appeals Decision regarding establishing eligibility for adjustment of status

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The Board of Immigration Appeals (BIA) has just reaffirmed its previous decision in Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980). 

The BIA held that: For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. 1255(a) (2006), an alien seeking to show that he or she has been "admitted" to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. See Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010).

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