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Lopez De Jesus v. Immigration and Naturalization Service

Facts

Petitioner, a citizen of Mexico, married a U.S. citizen and was admitted to the U.S. as a permanent resident. After a brief trip to Mexico, he attempted to return to the U.S. with a woman who had another person's identification. The BIA found him excludable for attempting to illegally bring an alien into the U.S. The court upheld this decision, stating there was substantial evidence that his intent was to smuggle the woman back into the U.S.

Petitioner, a citizen of Mexico, married a U.S. citizen and was admitted to the U.S. as a permanent resident. After a brief trip to Mexico, he attempted to return to the U.S. with a woman who had another person's identification. The BIA found him excludable for attempting to illegally bring an alien into the U.S. The court upheld this decision, stating there was substantial evidence that his intent was to smuggle the woman back into the U.S.

Issue

Whether the petitioner was properly found excludable for illegally reentering the United States and whether the retroactive application of the IIRIRA amendment to the INA was constitutional.

Whether the petitioner was properly found excludable for illegally reentering the United States and whether the retroactive application of the IIRIRA amendment to the INA was constitutional.

Rule

A resident alien does not effect an 'entry' for purposes of INA 101(a)(13) when returning from an 'innocent, casual, and brief excursion' unless the departure was intended to disrupt permanent residence.

A resident alien does not effect an 'entry' for purposes of INA 101(a)(13) when returning from an 'innocent, casual, and brief excursion' unless the departure was intended to disrupt permanent residence.

Analysis

The court applied the Fleuti factors to determine that the petitioner's intent when departing was not innocent, as he sought to bring back an alien he knew could not lawfully enter the U.S. The BIA's conclusion that the petitioner was properly in exclusion proceedings was supported by substantial evidence, including testimony and the petitioner's own statements.

The court applied the Fleuti factors to determine that the petitioner's intent when departing was not innocent, as he sought to bring back an alien he knew could not lawfully enter the U.S. The BIA's conclusion that the petitioner was properly in exclusion proceedings was supported by substantial evidence, including testimony and the petitioner's own statements.

Conclusion

The court affirmed the BIA's decision, holding that the petitioner was properly found excludable and that the retroactive application of the IIRIRA amendment was constitutional.

The court affirmed the BIA's decision, holding that the petitioner was properly found excludable and that the retroactive application of the IIRIRA amendment was constitutional.

Who won?

The Board of Immigration Appeals prevailed as the court upheld their decision, finding substantial evidence supporting the exclusion of the petitioner.

The Board of Immigration Appeals prevailed as the court upheld their decision, finding substantial evidence supporting the exclusion of the petitioner.

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