In a decision announced yesterday, the Board of Immigration Appeals held that DHS has the burden of proving that one of the six exceptions under INA §101(a)(13(C) applies to returning lawful permanent residents. In other words, LPR's are not applicants for admission unless DHS can show by clear and convincing evidence that one of the six exceptions applies.
Matter of Rivens, 25 I&N Dec. 623 (BIA 2011)
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