How have the courts interpreted section 1101(a)(13)(C)(v) of the Immigration Code and what are the implications of that?

MultiRegion, United States of America

The following excerpt is from Centurion v. Sessions, 860 F.3d 69 (2nd Cir. 2017):

To answer this question, we must construe 1101(a)(13)(C)(v). "Statutory construction begins with the plain text and, if that text is unambiguous, it usually ends there as well." United States v. Razmilovic , 419 F.3d 134, 136 (2d Cir. 2005). Section 1101(a)(13)(C)(v) states that "[a]n alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien ... has committed an offense identified in section 1182(a)(2) of this title." We discern no ambiguity in this provision. The plain text of 1101(a)(13)(C)(v) requires a lawful permanent resident to seek formal admission if he "has committed" an offense. Id. The legal consequences of 1101(a)(13)(C)(v) attach at the time of an alien's criminal conduct. To test and ensure the soundness of our conclusion that a statutory provision is unambiguous, it is prudent to examine those words in the context of the larger statutory structure and related statutory provisions.

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