Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Monday, February 6, 2012

Failure to prove admission

Chaidy v. Holder, No. 11-3177 (6th Cir. Feb. 2, 2012) (unpublished)

In this case, the court affirmed the finding that the alien was ineligible for adjustment of status because he did not prove that he was inspected and admitted or paroled into the U.S.

The court found that the statutory scheme on the burden of proving admission for purposes of establishing eligibility for adjustment of status is ambiguous and could possibly have multiple plausible interpretations.  The court declined to address this because it was not properly exhausted below.

The court went on to find that the IJ's determination was supported by substantial evidence - that the alien did not prove that he was not credible as it relates to his date, time, and manner of entry.

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