FUEYO

Citations

• 20 I. & N. Dec. 84

Syllabus

FUEYO, 20 I&N Dec. 84 (BIA 1989) ID 3114 (PDF) (1) Evidence that therespondent was taken into custody and deported by the Immigration andNaturalization Service establishes that she was \arrested and deported\within the meaning of section 212(a)(17) of the Immigration and NationalityAct, 8 U.S.C. § 1182(a)(17) (1982). (2) The burden is onthe respondent to prove that, following her deportation, she applied forand received consent to reapply for admission to the United States fromthe Attorney General or his designate. (3) A nonimmigrant waiverof inadmissibility under section 212(d)(3)(B) of the Act may not be grantednunc pro tunc in deportation proceedings. Matter of P-, 8 I&N Dec.302 (Asst. Comm. 1959) and Matter of M-, 8 I&N Dec. 285 (R.C., Asst.Comm. 1959), superseded.