Thursday, February 9th, 2017

Matter of Ignacio GUZMAN MARTINEZ, ID 3759, 25 I&N Dec. 845 (BIA 2012)

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Matter of Ignacio GUZMAN MARTINEZ, ID 3759, 25 I&N Dec. 845 (BIA 2012) - Pursuant to section 101(a)(13)(C)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(C)(iii) (2006), a lawful permanent resident of the United States may be treated as an applicant for admission in removal proceedings if the Department of Homeland Security proves by clear and convincing evidence that the returning resident engaged in “illegal activity” at a United States port of entry.