Iredia v. Attorney General United States, No. 21-1379 (3d Cir. 2022)
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Iredia was admitted to the U.S. in 1997 on a tourist visa, which he overstayed. Later, he was granted advance parole, left the U.S., returned in 2006, and was paroled into the country. The parole was valid until 2007. Iredia overstayed the parole and, in 2011, was charged as inadmissible, 8 U.S.C. 1182(a)(7)(A)(i)(I)). An IJ held ordered him removed. Iredia argued that he should have been charged as removable, not inadmissible. He claimed that when he was served with the Notice to Appear, he already had been admitted on a tourist visa, and the visa’s expiration did not affect the fact of his admission. Iredia argued that advance parole did not change his immigration status.
The BIA dismissed his appeal. The Third Circuit denied a petition for review. Because Iredia was paroled into the U.S. in 2006, he is considered an arriving alien regardless of his previous admission. The statute permits parole for “any alien applying for admission” and no other category of alien; when parole ends, the alien’s case is “dealt with in the same manner as that of any other applicant for admission.” The term “arriving alien: encompasses not only aliens who are actually at the border, but also aliens who are paroled after their arrival.
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