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Keywords

appealdeportationcase lawadmissibility
appealdeportationadmissibility

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Margulis v. Holder

Facts

Margulis, a lawful permanent resident of the United States, embarked on a business trip to Canada but was stopped by Canadian immigration officers who refused him entry. He turned back and re-entered the U.S., where immigration authorities placed him in removal proceedings due to his criminal record. Margulis argued that he should be treated as an arriving alien eligible for a waiver of inadmissibility, but the Board of Immigration Appeals ruled that he had never 'entered' Canada and thus had not departed the U.S.

Margulis, a lawful permanent resident of the United States, embarked on a business trip to Canada but was stopped by Canadian immigration officers who refused him entry. He turned back and re-entered the U.S., where immigration authorities placed him in removal proceedings due to his criminal record.

Issue

Whether an alien subject to deportation from the United States who embarked on a business trip to Canada but was stopped by Canadian immigration officers who refused to allow him to enter Canada, had 'departed' from the United States and could seek a waiver of inadmissibility upon his readmission.

Whether an alien subject to deportation from the United States who embarked on a business trip to Canada but was stopped by Canadian immigration officers who refused to allow him to enter Canada, had 'departed' from the United States and could seek a waiver of inadmissibility upon his readmission.

Rule

The term 'depart from the United States' means depart by land, water, or air: (1) From the United States for any foreign place, as per 8 C.F.R. 215.1(h).

The term 'depart from the United States' means depart by land, water, or air: (1) From the United States for any foreign place, as per 8 C.F.R. 215.1(h).

Analysis

The court analyzed the Board's reasoning and found it lacking. It determined that Margulis had indeed departed from the United States when he crossed the border into Canada, regardless of the fact that he was denied entry. The court emphasized that the Board's interpretation of 'entry' and 'departure' was inconsistent with the regulatory definition and previous case law, which supported Margulis's claim to be treated as an arriving alien eligible for a waiver.

The court analyzed the Board's reasoning and found it lacking. It determined that Margulis had indeed departed from the United States when he crossed the border into Canada, regardless of the fact that he was denied entry.

Conclusion

The court granted the petition for review and remanded the case to the Board for further proceedings, indicating that the Board's decision lacked a rational basis.

The court granted the petition for review and remanded the case to the Board for further proceedings, indicating that the Board's decision lacked a rational basis.

Who won?

Margulis prevailed in the case because the court found that the Board of Immigration Appeals had failed to provide a rational basis for its decision regarding his status as an arriving alien.

Margulis prevailed in the case because the court found that the Board of Immigration Appeals had failed to provide a rational basis for its decision regarding his status as an arriving alien.

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