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09-3017 Mozdzen v. Holder

By: dmc-admin//September 7, 2010//

09-3017 Mozdzen v. Holder

By: dmc-admin//September 7, 2010//

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United States Court of Appeals



Even if aliens did not engage in fraud in obtaining I-551 passport stamps, they are removable where they did not obtain them leally.

“The Mozdzens argue that they were lawfully admitted in 1999, but the definition of admission for an alien and someone with LPR status differ. For an alien, admission is “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” 8 U.S.C § 1101(a)(13)(A). And lawful entry, in turn, requires a valid unexpired immigrant visa. 8 U.S.C. § 1181(a). When the Mozdzens reentered the country in 1999, they did not have valid immigrant visas. So, they were never lawfully admitted in 1999, and based on their concessions that they entered the United States using the I-551 stamps in 1999, the IJ correctly found they were removable.”

Petitions Denied.

09-3017 Mozdzen v. Holder

Petition for Review of Orders of the Board of Immigration Appeals, Williams, J.

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