Old Sep 25, 09, 8:52 am
  #12  
B747-437B
 
Join Date: Aug 2000
Location: Exile
Posts: 14,890
Originally Posted by Deeg View Post
Tehcnically, I guess that's correct. In either case, CBP has already determined the alien to be inadmissible. The only difference is whether the alien is ordered removed or chooses to withdraw their application for admission in lieu of being ordered removed. I suppose I oversimplified.
Not quite, and this is a subtle but very key point. The requirement is that CBP determines that the alien APPEARS to be inadmissable (22 CFR 41.122(h)(3)). This can be due to deficiency of documentation that supports the aliens claim to admissability. The determination of inadmissability is not actually made and the alien simply walks away. Once an alien is deemed to be inadmissable, there is the requirement for the alien to formally overcome that determination of inadmissability prior to subsequently being deemed admissable. That statutory requirement does not exist in the case of someone simply deemed to APPEAR to be inadmissable - they merely have to meet the lower burden of proof of establishing themselves as admissable.
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