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In re Areguillin

17 I. & N. Dec. 308 (1980)

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In re Areguillin

Board of Immigration Appeals
17 I. & N. Dec. 308 (1980)

Facts

Areguillin (plaintiff) was a native and citizen of Mexico who entered the United States in a car with five other individuals. When Areguillin came across the border, she did not have any travel or entry documents. Areguillin testified that an immigration officer at the port of entry looked inside the car and questioned the driver. According to Areguillin, the immigration officer did not question her, nor did Areguillin volunteer any information. Areguillin testified that the immigration officer then permitted the car and all its occupants to enter the United States. Areguillin requested adjustment of her status as the beneficiary of an approved, immediate-relative visa petition filed by her spouse, who was a United States citizen. An immigration judge (IJ) found that Areguillin was not inspected and admitted at the time of her entry into the United States and thus was ineligible for adjustment of her status as a matter of law. Areguillin appealed the IJ’s decision.

Rule of Law

Issue

Holding and Reasoning (Milhollan, J.)

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Casebooks

Immigration Law