Z

Citations

• 20 I. & N. Dec. 707

Syllabus

Z-, 20 I&N Dec. 707 (BIA 1993) ID 3208 (PDF) (1) Under the precedentdecisions of the Board of Immigration Appeals, an \entry\ intothe United States under section 101(a)(13) of the Immigration and NationalityAct, 8 U.S.C. § 1101(a)(13) (1988), requires: (1) a crossing intothe territorial limits of the United States, i.e., physical presence(2) (a) inspection and admission by an immigration officer, or (b) actualand intentional evasion of inspection at the nearest inspection pointand (3) freedom from official restraint. (2) In exclusion proceedingswhere the alien has no colorable claim to lawful permanent resident status,the burden of proof is upon the alien to show that he has effected anentry and that exclusion proceedings are therefore improper. (3) The Board found thatthe alien had made an entry into the United States when he debarked fromhis vessel at a place not designated as a port of entry and fled intothe interior undetected, with every apparent intention of evading immigrationinspection. (4) The mere fact thatthe applicant entered an area which was under federal jurisdiction forreasons unrelated to immigration processing does not establish that hewas under \official restraint\ and does not render his movementsomething less than an entry.