Aggravated Felonies

            “Admission” is a term of art in immigration law, defined by statute as an entry with inspection.[102]  Generally, “admission” means a lawful entry into the United States after inspection and authorization.[103]  See § 3.12, infra.  A person who is granted lawful permanent resident status is considered as having been “admitted” on the date the adjustment of status is effective.  See § 3.13, infra.  A lawful permanent resident who has left the United States and is returning is not considered to be seeking “admission” except under certain special circumstances.[104]  A noncitizen who attempts to leave the United States, but is not allowed into Canada, is not considered to be seeking admission upon returning to the United States.[105]  See § 3.14, infra.

[102] INA § 101(a)(13)(A), 8 U.S.C. § 1101(a)(13)(A).

[103] INA § 101(a)(13)(A), 8 U.S.C. § 1101(a)(13)(A).  For more information on the definition of admission, see ILRC, California Criminal Law and Immigration, Chapter 1.

[104] INA § 101(a)(13)(C), 8 U.S.C. § 1101(a)(13)(C).

[105] Handa v. Clark, 401 F.3d 1129 (9th Cir. Mar. 25, 2005) (lawfully admitted noncitizen denied admission into Canada, but allowed by Canadian immigration officials to drive into Canada to turn his car around, is not making an exit and subsequent re-entry to the United States; upon arrest by U.S immigration officials, noncitizen should be placed in deportation, rather than inadmissibility proceedings).