DATE OF ADMISSION FOR THE PURPOSES OF REMOVABILITY NARROWED

In general, an alien’s conviction for a crime involving moral turpitude triggers removability under section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.C. § 1227(a)(2)(A)(i) (2006), only if the alien committed the crime within 5 years after the date of the admission. The date of admission is very critical as the 5 year clock starts from that date. The date of admission has been contentious. Is it the date of entry, date of adjustment of status or the date of any subsequent change of status?

Yesterday, February 3, 2011, in Matter of Alyazji, Int. Dec. 3703, 25 I&N Dec. 397 (BIA 2011) overruled in part the Matter of Shanu, 23 I&N Dec. 754 (BIA 2005) and limited admission to the date pursuant to which the alien was in United Sates (entry after inspection) when the crime was committed. This initial date remained the date of admission even if the alien later adjusted status to that of lawful permanent resident. However, it limited this definition of “admission” to 237(a) (2) (A) (i) cases only. In other cases, definition of “Admission” remains an open ended question. In the case of Matter of Alyazji, respondent committed crime involving moral turpitude in 2007, had entered as non immigrant in 2001, and had adjusted status in 2006. The BIA terminated removal and held that 5 years are counted from 2001 and not 2006.