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February 5, 2016

Matter of Alcibiades Antonio PENA, 26 I&N Dec. 613 (BIA 2015)




An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as seeking an admission and may not be charged with inadmissibility under section 212(a) of the INA, if he or she does not fall within any of the exception in section 101(a)(13)(C) of the Act. Matter of Koloamatangi, 23 I&N Dec. 548 (BIA 2003) distinguished. 

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