For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. (2) A K-4 derivative child of a K-3 nonimmigrant who married the United States citizen K visa petitioner after the K-4 reached the age of 18 is ineligible for adjustment of status because he or she cannot qualify as the petitioners stepchild., Matter of Cruz de Ortiz, 25 I&N Dec. 601 (BIA 2011). [120][244] Some of the refuge's pipes broke, after which the militants, officials said, defecated "everywhere. Some examples are aiding, abetting, conspiracy, and attempt. Trespassing is unlawful entry onto the real property of another. [138] Other cell phone video footage shot by Ryan Bundy, another passenger, also showed Finicum taunting officers and daring them to shoot and kill him. Matter of Vasquez-Muniz, 23 I&N Dec. 207 (BIA 2002). An Immigration Judge has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. 1101(a)(43)(N) (Supp. [154], Prior to the video of the action being released, some of the militants and supporters had claimed that Finicum was cooperating with the police when he was shot. 1182(c) (1994), because he is not independently eligible for the waiver as a result of his unlawful entry. In determining whether a conviction is for an aggravated felony crime of violence under 18 U.S.C. [226] Ehmer's misdemeanor charges were for tampering with vehicles and equipment, removal of property, and trespassing. Matter of Briones, 24 I&N Dec. 355 (BIA 2007). (3) Although we disagree with the decision of the United States Court of Appeals for the Second Circuit inJenkins v. INS, 32 F.3d 11 (2d Cir. 1101(a)(13)(A) (2012). 3009-546. (1) An alien who arrives in the United States pursuant to a grant of advance parole is an arriving alien, as that term is defined in the federal regulations. 1227(a)(2)(C) (2012). [170], By January 29, the four said they had ended negotiations with the FBI and were planning to remain at the refuge until their supplies ran out. 2022 FOX News Network, LLC. Powered and implemented by FactSet Digital Solutions. Crime City shaken by week of violence with four stabbings and a shooting that left two dead Two murder investigations were launched this week, with a number of suspect's being taken into custody Matter of Truong, 22 I&N Dec. 1090 (BIA 1999), Matter of Michel, 21 I&N Dec. 1101 (BIA 1998). 103-317, 108 Stat. O'Shaughnessy, Cooper, Brian Cavalier and Corey Lequieu, after their guilty pleas to conspiracy, agreed to pay $7,000 each. Five more had been found guilty and were sentenced months later. 245.2(a)(1) (2009) and agrees that it retains jurisdiction to adjudicate the application even where an unexecuted administratively final order of removal remains outstanding. Bundy rejected the offer, saying the occupation would continue until management of federal land in the county had been turned over to local residents. As the officer with the Taser attempted to move within 15 feet (4.6m) to make the most effective use of the Taser, Finicum turned his body to the left, holding his jacket with his left hand and reaching for a pocket with his right hand. [209], On October 27, 2016, Ammon Bundy and six other defendants were found not guilty of conspiracy to impede federal officers and possession of firearms in a federal facility by a jury. On January 31, 2018, passengers in Finicum's truck, Ryan Bundy, Shawna Cox and Victoria Sharp along with Ryan Payne filed their own civil rights lawsuit in United States district court in Portland, Oregon against Astarita, Bretzing, and other officials. (1) Adjustment of status constitutes an admission for purposes of determining an aliens removability under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. Matter of Bautista, 25 I&N Dec. 616 (BIA 2011). [233] On November 30, 2017, Jon Ritzheimer was sentenced to a year and a day in federal prison and must spend another 12 months in a residential re-entry program. "[222] Both Cooper's father, Stanley Blaine Hicks, and stepmother, Lindalee Hicks, testified that he was not a truthful person. [129][137][148], Immediately after the shooting and arrests, officials stated that Finicum was reaching for a handgun in his pocket when he was shot by a state trooper. Latest breaking news, including politics, crime and celebrity. The US$3.3 million figure also includes wages paid to employees who could not work because of the occupation, such as US$425,000 for about 120 BLM employees whose offices were closed. [239], Following the surrender of the last militants, the FBI labeled the entire refuge a crime scene and canvassed the buildings in search of explosives and any previously existing hazardous materials. Matter of Aruna, 24 I&N Dec. 452 (BIA 2008), clarified. Lewis was restored to competency at Heartland Behavioral Healthcare in Massillon. [162], Following the January 26 arrests, the occupation continued. [191] Retrials of the first six and the trials of the remaining eleven defendants were scheduled for June 26 by Judge Gloria Navarro. Some crimes particularly modern regulatory offenses require no more, and they are known as strict liability offenses (E.g. 1325 (Supp. 1255(i) (2000), is not available to an alien who is inadmissible under section 212(a)(9)(C)(i)(I) of the Act. [4] After the revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law in European law from then until the present time.[5]. Return to prison of ranchers who pled guilty to arson on federal property and group's belief the federal government lacks authority to own and manage public lands in U.S. states; Leader's belief to be under the direction of a divine message; Goals: Short-term: Disrupt the work of federal employees at the Malheur National Wildlife Refuge Seven of the militants saw prison time for their roles in the occupation. All of the winning candidates had opposed the occupation.[273]. All the latest crime news from across Hull and East Yorkshire. 4978, due to its provisions regarding effective dates; however, the alien became deportable upon enactment of section 321(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of Pub. (2) The offense of operating a motor vehicle while under the influence of intoxicating liquor in violation of chapter 90, section 24(1)(a)(1) of the Massachusetts General Laws is not a felony that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense and is therefore not a crime of violence.Matter of Puente, 22 I&N Dec. 1006 (BIA 1999), andMatter of Magallanes, 22 I&N Dec. 1 (BIA 1998), overruled. (2) An alien returning to the United States after the denial of an application for refugee status in Canada is seeking admission into the United States and is therefore an arriving alien under 8 C.F.R. [67] Meanwhile, some Burns residents reported harassment and intimidation by militia members. 1101(a)(43)(G) (2000), ordinarily requires the taking of, or exercise of control over, property without consent and with the criminal intent to deprive the owner of the rights and benefits of ownership, even if such deprivation is less than total or permanent.Matter of V-Z-S-, 22 I&N Dec. 1338 (BIA 2000), clarified. 1101(a)(15)(K)(iii) (2006), is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa. 841(b)(4) (2006), which the alien may establish by presenting evidence outside of the record of conviction. 924(c)(2) or an "aggravated felony" within the meaning of section 101(a)(43)(B) of the Immigration and Nationality Act, 8U.S.C. Matter of SILVA-TREVINO, 26 I&N 826 (BIA 2016). [234] On January 24, 2018, Jake Ryan was sentenced to 12 months and a day in federal prison for depredation of government property, trespass and tampering with government vehicles and equipment. (2) The respondents offense was committed for commercial advantage where it was evident from the record of proceeding, including the respondents testimony, that he knew that his employment activity was designed to create a profit for the prostitution business for which he worked. One, Mark McConnell, was Ammon Bundy's driver in the convoy to the city of John Day. The arson charges were later amended to three counts of aggravated arson, all first-degree felonies; and attempted aggravated arson, a second-degree felony, court records show. [8] Every crime is composed of criminal elements. 1101(a)(43) (1994 & Supp. [168][169] By the morning of January 28, four militants remained: David Fry, 27, of Blanchester, Ohio; husband and wife Sean, 48, and Sandra Lynn Anderson, 47, both of Riggins, Idaho; and Jeff Banta, 46, of Yerington, Nevada. (2) An alien convicted in Texas of simple possession of a controlled substance, which would be a felony under Texas law but a misdemeanor under federal law, is not convicted of an aggravated felony within the meaning of section 101(a)(43)(B) of the Act.Matter of L-G-, 21 I&N Dec. 89 (BIA 1995), affirmed. (4) A fianc(e) visa holder may be granted adjustment of status under sections 245(a) and (d) of the Act, even if the marriage to the fianc(e) visa petitioner does not exist at the time that the adjustment application is adjudicated, if the applicant can demonstrate that he or she entered into a bona fide marriage within the 90-day period to the fianc(e) visa petitioner. In 1998 an International criminal court was established in the Rome Statute. Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010). 10,312, 10,369 (to be codified at 8 C.F.R. 201(b)(1)(A) (2006) is not an offense relating to commercial bribery and is therefore not an aggravated felony under section 101(a)(43)(R) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(43)(B) (2006), because it is neither a "drug trafficking crime" under 18 U.S.C. [201] A number of those under indictment on the conspiracy charge are also charged with a variety of other counts, some of which incur sentences up to life imprisonment, including possession of firearms and dangerous weapons in federal facilities, use and carry of firearms in relation to a crime of violence, depredation of government property (relating to damaging the site "by means of excavation and the use of heavy equipment"), and theft of government property. 1724, 1765, equalling five times the processing fee for an application for adjustment of status, is by definition a statutorily mandated sum, and a requirement separate and apart from the fee which federal regulations at 8 C.F.R. Where the actus reus is a failure to act, there must be a duty of care. [160] Finicum's public autopsy was performed on January 28, but officials withheld the autopsy report from the press until March 8. Rodriguez, 25 I&N Dec. 784 (BIA 2012), and Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010), withdrawn. An alien convicted of an aggravated felony is subject to deportation regardless of the date of the conviction when the alien is placed in deportation proceedings on or after March 1, 1991, and the crime falls within the aggravated felony definition. 3009-546, 3009-628 (enacted Sept. 30, 1996) (IIRIRA), because that section established an aggravated felony definition that is to be applied without temporal limitations, regardless of the date of conviction. [Note: The notion of transferred intent does not exist within Scots' Law. Named as defendants were the United States, the Federal Bureau of Investigation, Oregon State Police, the Bureau of Land Management, Oregon governor Kate Brown, Greg Bretzing, former FBI special agent in charge in Portland, indicted FBI agent W. Joseph Astarita, U.S. Fish and Wildlife Service", "The Hammond Family Does NOT Want an Armed Stand Off, and Nobody Has a Right to Force One On Them", "Armed Group Vows to Continue Occupation at Oregon Refuge", "Oregon residents in packed town hall want armed militia to leave", "Demands by Oregon standoff leaders defy logic and law, authorities say", "White House calls Oregon standoff a 'local law enforcement matter', "Oregon governor tells armed protesters to leave", "January 4, 2016, Press Release-Malheur National Wildlife Refuge", "Tribe Denounces Malheur Refuge Occupation", "Armed militia takeover in Oregon sparks debate on meaning of 'terrorist', "Oregon Congressman: Malheur Could Have Been Prevented With Earlier Bundy Arrest", "Walden seeks presidential pardon for 2 Oregon ranchers in prison for range fire", "Walden: Trump 'seriously considering' pardon for Hammonds", "Harney County Votes For Candidates Opposed To Armed Occupation", Passengers in Finicum's truck file separate civil suit against FBI, Harney County sheriff, Finicum family's wrongful death lawsuit moves forward in federal court, Federal Lawsuit Over Shooting Death of LaVoy Finicum Dismissed, Finicum files wrongful death lawsuit against FBI, BLM, Oregon State Police and others, Civil suit in Robert LaVoy Finicums death can proceed against state troopers but not FBI or governor, judge rules, Judge dismisses most of claims brought by LaVoy Finicum's family in wrongful death suit against state police, FBI, "Bundy Militia's Takeover Dreams Dashed by Bond Between Ranchers and Feds", "Fairy tales about the West are fueling public lands conflict", "The surprising history of the Malheur wildlife refuge", "Peril In The West: Enforcing Environment Laws Gets Scary", "Malheur occupation in Oregon: whose land is it really? Matter of Gutierrez, 21 I&N Dec. 479 (BIA 1996). Criminal law is the body of law that relates to crime.It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. 1227(a)(2)(A)(iii) (Supp. Of those four, two were reported to be negotiating a resolution to a federal indictment in regards to the Bundy standoff in Nevada. 16(b) (1994) and, hence, an "aggravated felony" under section 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. Absent controlling precedent to the contrary, a State law misdemeanor offense ofconspiracy to distribute marijuana qualifies as an aggravated felony under section>101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. Authorities say a convicted felon has been arrested on suspicion of attempted murder and other charges in San Bernardino. Criminal law Defendant Blaine Cooper proposed leaving the refuge in a USFWS firetruck with others trailing behind it. Matter of Lujan-Quintana, 25 I&N Dec. 53 (BIA 2009). Matter of Thomas, 24 I&N Dec. 416 (BIA 2007). It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which is a legal duty to act. Administrative closing of a case does not result in a final order. At the meeting, a "committee of safety" was organized by Bundy and Payne to orchestrate direct action against the Hammond sentences. 89-732, 80 Stat. Matter of Bahta, 22 I&N Dec. 1381 (BIA 2000) (Possession of Stolen Property). ).Matter of Davis, 20 I&N Dec. 536 (BIA 1992), andMatter of Barrett, 20 I&N Dec. 171 (BIA 1990), reaffirmed. Matter of Reza-Murillo, 25 I&N Dec. 296 (BIA 2010). Reach Nancy at 330-364-8402 or nancy.molnar@timesreporter.com. This is known as the thin skull rule. When the Department of Homeland Security paroles a returning lawful permanent resident for prosecution, it need not have all the evidence to sustain its burden of proving that the alien is an applicant for admission but may ordinarily rely on the results of a subsequent prosecution to meet that burden in later removal proceedings. 921(a)(16) (2012), the statute was not shown to be categorically overbroad relative to section 237(a)(2)(C) of the Act, 8 U.S.C. Matter of Ilic, 25 I&N Dec. 717 (BIA 2012). 1255(i) (2000), on the basis of a marriage-based visa petition must prove that the marriage was bona fide at its inception in order to show that the visa petition was meritorious in fact pursuant to 8 C.F.R. Length of incarceration may vary from a day to life. Roads and wetlands remained open to the public for birding. Ehmer and Ryan were found guilty of willfully damaging the refuge when they used a refuge excavator to dig two deep trenches on January 27, 2016. This is despite the fact that the men in question, father and son Dwight and Steven Dwight Hammond, did not want their help. 1229b(a)(2) (2012). [163], The remaining members debated on what to do next, with some angry about the recent events. Catch up on the top news and features from KSL.com, sent weekly. An alien who adjusted status in the United States, and who has not entered as a lawful permanent resident, is not barred from establishing eligibility for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. This language is mandatory and does not indicate that such action by an alien would be curtailed by the administrative closing of each class member's case or postponed until the eventual final resolution of each class member's remedies under the settlement agreement itself. Tuscarawas County Common Pleas Judge Elizabeth Lehigh Thomakos scheduled sentencing for Dec. 6. [84], On January 4, Steven E. Grasty, the judge-executive of Harney County, emailed Ammon Bundy requesting that he leave the refuge. 1182(h) (1994), to add restrictions precluding a grant of a waiver to any alien admitted as a lawful permanent resident who either has been convicted of an aggravated felony since the date of admission or did not have 7 years of continuous residence prior to the initiation of immigration proceedings. Some of these armed newcomers engaged in what local people considered threatening and harassing behavior, such as approaching shoppers in local stores and aggressively asking their opinions about the Hammond family. No explosive devices were found. News Matter of Sweetser, 22 I&N Dec. 709 (BIA 1999) (Criminally Negligent Child Abuse). II 1996), as an alien convicted of an aggravated felony. [10] Right before the occupation began, the militants notified the Harney County Sheriff's Office and also contacted a utility company with the intention of taking over the refuge's electric and other services, according to a motion to dismiss and memorandum filed by Ammon Bundy's lawyers on May 9. The most minor of the offenders, Blomgren, Flores, Stanek, Kjar, and Travis Cox all agreed to pay $3,000 each. At 7:38p.m., an FBI agent told Arnold that Fiore was doing a good job and they should go to Burns. 16(a) (2006). 1227(a)(2)(A)(iii) (Supp. Fish and Wildlife Service: Malheur National Wildlife Refuge, Riots and civil unrest in the history of the United States, 1983 Dick Conner Correctional Center riot, 1990 Southport Correctional Facility riot, 2006 North County Correctional Facility riot, 1993 Southern Ohio Correctional Facility riot, 2012 Anaheim police shooting and protests, George Floyd protests in MinneapolisSaint Paul, 20202022 MinneapolisSaint Paul racial unrest, 2013 Michigan State University student riot, 2016 Malheur National Wildlife Refuge occupation, 2020 Seattle Capitol Hill Occupied Protest, 2021 United States inauguration week protests, List of incidents of civil unrest in Colonial North America, Mass racial violence in the United States, https://en.wikipedia.org/w/index.php?title=Occupation_of_the_Malheur_National_Wildlife_Refuge&oldid=1117636918, February 2016 crimes in the United States, Environmental protests in the United States, Right-wing militia organizations in the United States, Articles with dead external links from June 2022, Articles with permanently dead external links, Articles with dead external links from September 2019, Articles containing overly long summaries, Official website different in Wikidata and Wikipedia, Creative Commons Attribution-ShareAlike License 3.0, Return to prison of ranchers who pled guilty to arson on federal property and group's belief the, Leader's belief to be under the direction of a, Disrupt the work of federal employees at the Malheur National Wildlife Refuge, Release of Dwight and Steven Hammond from custody and the establishment of an "independent evidentiary hearing board" by state and county representatives to re-examine the, Armed occupation of federal property; claim, Encourage the formation of a "committee of safety", 26 militants were all indicted and arrested for federal, Charges against one defendant, Peter Santilli, were dropped, Seven were acquitted by a federal jury on October 27, 2016, Four were convicted by a federal jury on March 20, 2017, A total of $78,000 in fines between $3,000 and $10,000 were assessed against thirteen defendants. Matter of Perez, 22 I&N Dec. 1325 (BIA 2000) (Burglary of a Vehicle). If we allowed the Hammonds to continue to be punished, there would be accountability. [241] Safes were found to have been broken into, with money, cameras, and computers stolen by the militants. The respondents 2003 Florida offense involving the simple possession of marijuana does not qualify as an aggravated felony by virtue of its correspondence to the Federal felony of recidivist possession, even though it was committed after a prior conviction for a drug, narcotic, or chemical offense became final within the meaning of 21 U.S.C. 3009, _____ (IIRIRA), enacted on September 30, 1996, amended section 212(h) of the Immigration and Nationality Act, 8 U.S.C. Contact the Webmaster to submit comments. 2276 (2013). More:Dover man charged with aggravated arson in Grove Medical fire. a) in the cases under section 218 (2) sentence 2 no. 1255(i) (1994), added by the Department of Commerce, Justice, and State Appropriations Act for 1995, Pub. 3559(a)(5) (1994). Can you get her on the phone with the people at the refuge? Three militants, including Patrick, surrendered and were arrested, while five other people were allowed to leave the refuge by authorities without incident. 1161, as amended, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application.Matter of Artigas, 23 I&N Dec. 99 (BIA 2001), superseded. [130] Deschutes County, Oregon sheriff's Detective Ron Brown, who was the lead case agent in the Finicum shooting investigation, said he contacted Ryan Bundy, by email, phone and in person, attempting to convince him to have the "metal fragment or whatever it may be" removed from his shoulder, as a bullet fragment could possibly have been, " traced back (to) help determine where it came from." Matter of Masri, 22 I&N Dec. 1145 (BIA 1999). Matter of Akram, 25 I&N Dec. 874 (BIA 2012). The Nuremberg trials marked the beginning of criminal fault for individuals, where individuals acting on behalf of a government can be tried for violations of international law without the benefit of sovereign immunity. Read the latest crime stories, features, comment and police appeals from Humberside Police. [227], Noting that the defendant's guilty plea and low level of involvement in the occupation had mitigated the consequences of his actions, Judge Brown sentenced Geoffrey Stanek on June 26, 2017, to two years' probation and six months' house arrest. Matter of Onyido, 22 I&N Dec. 552 (BIA 1999). The offense of third-degree assault in violation of section 53a-61(a)(1) of the Connecticut General Statutes, which involves the intentional infliction of physical injury upon another, is a crime of violence under 18 U.S.C. [136], Three others were arrested in separate actions: Peter Santilli and Joseph O'Shaughnessy were arrested locally, while Jon Ritzheimer was placed under arrest by the FBI in Peoria, Arizona, after he had voluntarily surrendered. Matter of Francisco-Alonzo, 26 I&N Dec. 594 (BIA 2015). L. No. 1229b(a)(2) (2006). The public release of that officer's name was objected to by Finicum's widow. (2) Adjustment of status under section 245(i) of the Act, 8 U.S.C. [130] The investigators and prosecutors believed someone else fired two additional shots. (1) A taking of property constitutes a theft offense within the definition of an aggravated felony in section 101(a)(43)(G) of the Immigration and Nationality Act (Act), 8U.S.C. See Glanville Williams, Textbook of Criminal Law, (London: Stevens & Sons, 1983); Glanville Williams, Criminal Law the General Part (London: Stevens & Sons, 1961). [25] On the other hand, it matters not who is actually harmed through a defendant's actions. In offenses of absolute liability, other than the prohibited act, it may not be necessary to show the act was intentional. [102][103][104] but the ranch owners did not want the fence taken down and subsequently repaired it. Walker, Peter (2018). Detectives said they found Finicum's loaded automatic pistol with a round chambered, in his jacket. [112], Harney County Judge Steven Grasty, Sheriff Ward, and other county officials were served false legal documents by the militants. arson Quotes displayed in real-time or delayed by at least 15 minutes. At the meeting, Ammon Bundy and Montana militiaman Ryan Payne insisted to Sheriff Ward that Ward must shield Dwight and Steven Hammond against re-imprisonment. [130] On August 10, 2018, a federal jury which had deliberated for six hours, returned not guilty verdicts on all charges against Astarita. 1101(a)(43)(F) (2006). She said possible punishments include a sentence of nine months to three years and a $10,000 fine. By August 7, eleven occupiers had pleaded guilty to felony conspiracy to impede federal workers. All the latest crime news from Derby and across Derbyshire, including police appeals from Derbyshire Constabulary, crime statistics, ongoing cases and more. [57][58] Ultimately, Dwight Hammond was sentenced to three months' imprisonment and his son Steven was sentenced to a year and a day's imprisonment, which both men served. [130] According to investigators, the fatal volley included one round that hit Finicum's back which was fired by "Officer 2," who had arrived in the chase vehicle. "[66][75], Before the protest crowd broke up, Ammon Bundy announced to the crowd his plan to occupy the Malheur National Wildlife Refuge, and he encouraged people to join him. [146][161] The Finicum family commissioned a private autopsy, but declined to make the results public. Hochul. [188] He had flown to Portland to support Fry, Banta, and the Andersons. Matter of Alvarado-Alvino, 22 I&N Dec. 718 (BIA 1999). Microsoft takes the gloves off as it battles Sony for its Activision 1101(a)(43)(E) (1994), because it is not an offense described in 18 U.S.C. A conviction for perjury in violation of section 118(a) of the California Penal Code constitutes a conviction for an aggravated felony under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. [48] He had recently authored a self-published post-apocalyptic novel. Intention under criminal law is separate from a person's motive[21] (although motive does not exist in Scots law).[22]. It was reasonable for them to conclude that treatment was not in the patient's best interest, and should therefore be stopped, when there was no prospect of improvement. 104-208, 110 Stat. 1101(a)(43)(A) (2006), includes a conviction for murder in violation of a statute requiring a showing that the perpetrator acted with extreme recklessness or a malignant heart, notwithstanding that the requisite mental state may have resulted from voluntary intoxication and that no intent to kill was established. Matter of Chairez, 26 I&N Dec. 349 (BIA 2014), and Matter of Chairez, 26 I&N Dec. 478 (BIA 2015), clarified. 3009-546, 3009-578, 309-625, no period of an aliens presence in the United States prior to April 1, 1997, may be considered unlawful presence for purposes of determining an aliens inadmissibility under section 212(a)(9)(B) of the Act.
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