Minto v. Sessions, No. 12-74027 (9th Cir. 2017)Annotate this Case
Petitioner, who was in the Commonwealth of the Northern Mariana Islands (CNMI), sought review of the BIA's dismissal of his appeal of the IJ's order of removal based on 8 U.S.C. 1182(a)(7)(A)(i)(I), which makes an immigrant inadmissible if he lacks a valid entry document "at the time of application for admission." Petitioner, a native of Bangladesh, was in the CNMI without admission or parole on November 28, 2009, when the immigration laws of the United States took effect in the CNMI. The court concluded that petitioner was an immigrant who lacked a valid entry document and was deemed by law to have made a continuing application for admission by being present in the CNMI, an application that was considered and denied during his removal proceedings. Accordingly, the court denied the petition for review.