Monday, February 6th, 2017

Matter of Orlando FERNANDEZ TAVERAS, ID 3757, 25 I&N Dec. 834 (BIA 2012)

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Matter of Orlando FERNANDEZ TAVERAS, ID 3757, 25 I&N Dec. 834 (BIA 2012) - (1) Section 101(a)(13)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(C) (2006), which relates to returning lawful permanent residents seeking admission at a port of entry, is not applicable to an alien applying for adjustment of status under section 245(a) of the Act, 8 U.S.C. § 1255(a) (2006), who has the burden to prove admissibility to the United States. (2) A lawful permanent resident who was granted cancellation of removal under section 240A(a) of the Act, 8 U.S.C. § 1229b(a) (2006), in prior removal proceedings based on a drug conviction has the burden to prove that he is not inadmissible on the basis of the conviction when applying for adjustment of status in a subsequent removal proceeding.

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