BIA on 'Arriving Alien,' 'Applicant for Admission' - Matter of Valenzuela-Felix, ID 3773

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. - Matter of Valenzuela-Felix, 26 I&N Dec. 53 (BIA 2012)