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Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023)

February 14, 2023 (1 min read)

Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023) - Noncitizens who are inadmissible for a specified period of time pursuant to section 212(a)(9)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(B)(i), due to their previous unlawful presence and departure are not required to reside outside the United States during this period in order to subsequently overcome this ground of inadmissibility.

"We conclude that noncitizens who are inadmissible for a specified period of time pursuant to section 212(a)(9)(B)(i) of the INA, 8 U.S.C. § 1182(a)(9)(B)(i), due to their previous unlawful presence and departure are not required to reside outside the United States during this period in order to subsequently overcome this ground of inadmissibility."

[Hats off to Jaime M. Diez!]