BENITEZ

Citations

• 19 I. & N. Dec. 173

Syllabus

BENITEZ, 19 I&N Dec. 173 (BIA 1984) ID 2979 (PDF) (1) The burden and presumption of section 291 of the Immigration and Nationality Act, 8 U.S.C. Sec. 1361 (1982), are applicable not only to a charge of entry without inspection, but to any charge of deportability which draws into question the time, place, or manner of the alien's entry into the United States. (2) Deportability under section 241(a)(1) of the Act, 8 U.S.C. Sec. 1251(a)(1)(1982), as one who was excludable at entry as a stowaway under section 212(a)(18) of the Act, 8 U.S.C. Sec. 1182(a)(18)(1982), is established by the respondent's admission of birth in Colombia and the presumption of section 291 of the Act, where the respondent failed to meet his burden to show the time, place, and manner of his entry into the United States.