Matthew Kolken on Deportation And Removal
Board of Immigration Appeals Decision regarding establishing eligibility for adjustment of status
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).