LSTD 405 Flores V United States Citizenship and Immigration Services Case Study
Case Scenario: What is an Admission?
You and a friend are coming back from a wonderful vacation in Mexico (if you are a U.S. citizen, assume for this question you are not one). You’re almost back to the U.S. and you approach the U.S. port of entry in your car. Your friend is driving and pulls up to the Customs and Border Patrol (CBP) Officer. Your friend presents his/her passport and the CBP officer inspects the document and asks your friend a few questions about your trip and what you were doing while in Mexico. However, the officer does not ask you for any identification and does not ask you any questions. The CBP officer then tells your friend that you are ok to enter, and you go on your way.
- Read the BIA case of Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010). It is attached below.
- Provide a brief summary of the decision and share your thoughts on this court’s decision. Is this standard a good idea post 9-11?
- Based on the Court’s decision, were you properly “admitted” in the above scenario under the INA?
- What implications does this case have for adjustment of status under INA section 245(a)?