GARCIA-ALZUGARAY

Citations

• 19 I. & N. Dec. 407

Syllabus

GARCIA-ALZUGARAY, 19 I&N Dec. 407 (BIA 1986) ID 3018 (PDF) (1) An alien conditionally admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act, 8 U.S.C. § 1157 (1982), has not been paroled pursuant tosection 212(d)(5) of the Act, 8 U.S.C. § 1182(d)(5) (1982). (2) The sole basis for terminating the status of an alien admitted to the United States as a refugee under section 207 of the Act is a determination that he was not a refugee within themeaning of section 101(a)(42) of the Act, 8 U.S.C. § 1101(a)(42) (1982), at the time of his admission. (3) Absent the proper termination of his status, an alien who has been admitted as a refugee under section 207 of the Act may not be placed in exclusion proceedings until there has been aprior determination that such alien is inadmissible, following his examination under oath by an immigration officer.