Interim Decision #2925 

MATTER OF GUNAYDIN and KIRCALI 

In Deportation Proceedings 

A-23055205 

A-23431315 

Decided by Board October 27, 1982 

(1) The status of a lawful permanent resident who has entered the United States without 

inspection terminates only when the adjudication of his deportability becomes final in 

administrative proceedings. Matter of M-, 5 l&N Dec. 642 (BIA 1954), modified. 

(2) A conviction for a deportable offense does not terminate the status of a lawful permanent resident_ 

(3) A lawful permanent resident alien who entered the United States without inspection 

is not deportable upon subsequent reentry with a Form 1-151 under section 241(a)(1) of 

the Immigration and Nationality Act, 8 U.S.C. 1251(a)(1), as being excludable under 

section 212(a)(20) of the Act. 8 U.S.C_ riP2(a)(20), far lark of 9 valid visa 

CHARGE: 

Order: Act of 1952—Sec. 241(a)(1) [8 U.S.C. 1251(a)(1)I—Exeludable at entry under 

sec. 212(a)(20), I&N Act (8 U.S.C. 1182(a)(20))—No valid -visa 

(Both respondents) 

ON BEHALF OF RESPONDENTS: ON BEHALF OF SERVICE: 

Brian S. Lafferty, Esquire Joanna London 

56-08 Deny Street Acting Appellate 

Newark, New Jersey 07105 Trial Attorney 

BY: Milhollan, Chairman; IVIaniatis, Dunne, Morris, and Vacca, Board Members 

In a decision dated January 27, 1982, the immigration judge found the 

respondents deportable under section 241(a)(1) of the Immigration and 

Nationality Act, 8 U.S.C. 1251(a)(1), as aliens who were excludable at 

entry under section 212(a)(20) of the Act, 8 U.S.C. 1182(a)(20), for lack 

of a valid immigrant visa. The respondents have appealed from that 

decision. The record will be remanded to the immigration judge. 

The respondents are both natives and citizens of Turkey who have 

been accorded status as lawful permanent residents of the United States. 

The record reflects that they left the United States to go to Canada on 

September 5, 19F!. and, according to their own admissions, they reentered this country on Sispteinber 7, 1981. without submitting to :nspec226 
Interim Decision #2925 

tion. On September 8, 1981, both respondents were convicted of entering the United Stateg without inspection in violation of 8 U.S.C. 1325, 

Orders to Show Cause were issued against the respondents on September 7, 1981, ehargingthem with deportability under section 241(a)(2) 

of the Ad, 8 U.S.C. 1251(a)(2), for entering without inspection. On 

October 29, 1981-, the respondents departed from the United States on 

the advice of counsel for the admitted purpose of seeking readmission as 

lawful permanent residents. The respondents returned to the United 

States on October 30, 1981, and reentered the country upon presentation of their Alien Registration Receipt Cards (Form 1-151). The Service issued new Orders to Show Cause on November 4, 1981, charging 

the respondents with deportability under section 241(a)(1) of the Act for 

excludability at entry under section 212(a)(20). 

At deportatiOn proceedings, the respondents admitted each of the 

allegations of the Orders to Show Cause but denied deportability. They 

contended that as a matter of law they were not deportable for entering 

without a valid immigrant visa because they were properly admitted as 

lawful permanent residents at the time of their October 30, 1981, entry 

which, they further. asserted, terminated their deportability for entry 

without inspection. The Service relied on Matter of 5 I&N Dec. 642 

(BIA 1954), to support its position that by making an entry without 

inspection the respondents automatically terminated their lawful permanent resident status so as tb render their visas invalid. 

In concluding that the respondents were not in possession of valid 

immigrant visas when they made their second entry the immigration 

judge declined to rely on Matter of M- alone, but determined that the 

respondents' convictions constituted a sufficient adjudication of their 

status to terminate their permanent residence. 

In Matter of M-, supra, the Board stated in dicta that, in view of the 

alien's entry without inspection, "it can no longer be said that his [lawful 

' permanent resident] status has not changed. . . ." Subsequent to that 

decision, we determined that an act which provides the basis for -a lawful 

permanent resident alien's deportability does not itself terminate his 

status. See Matter of Salmon., 16 I&N Dec. 734 (BIA 1978); Matter of 

M-P-, 9 I&N Dee. 747 (BIA 1962); Matter of S-, 6 I&N Dec. 392 (BIA 

1954, A.G. 1955); see also Matter of Mosqueda, 14 1&N Dec. 55 (R.C. 

1972). Furthermore, in Matter of Lok, 18 I&N Dec. 101 (BIA 1981), 

we held that an alien's lawful permanent resident status ends as a result 

of his commission of a deportable offense only upon the entry of a final 

order of deportation) In light of these decisions, we believe that the 

I We noted in our decision that lawful permanent resident status may also change as a 

result of rescission, relinquishment, departure under an order of exclusion or deportation, 

and adjustment to nonimmigrant status. See Matter of Lok, supra, at n. 8. 

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Interim Decision #2925 

language of Matter of M-, supra, relating to a change of lawful permanent resident status was improvident. Therefore, we shall withdraw 

from the dicta in that case to the extent that it indicates that an entry 

without inspection automatically results in the termination of lawful 

permanent resident status. We now hold that the status of a lawful 

permanent resident who has entered the United States without inspection terminates only when the adjudication of his deportability becomes 

final in administrative proceedings. We find no reason to reach a contrary conclusion where a conviction for a deportable offense has occurred. 

We conclude that the respondents were not deportable under section 

241(a)(1) as aliens excludable under section 212(a)(20) at the time of 

their entry. Therefore, the charge upon which the immigration judge 

found the respondents deportable has not been sustained. However, the 

respondents were also charged with deportability for their entry without inspection in the Orders to Show Cause of September 7, 1981, which 

remain in effect. See Matter of Brown, 18 I&N Dec. 324 (BIA 1982). 

We shall accordingly remand the record to the immigration judge for 

further proceedings to determine the respondents' deportability under 

section 241(a)(2) of the Act. See Matter of Ruts, 18 I&N Dec. 320 (BIA 

1982). 

ORDER: The record is remanded to the immigration judge for 

further proceedings consistent with the foregoing opinion. 

. 328