TABLE OF CONTENTS
One CIMT within five years after their “date of admission” renders an LPR removable. The BIA states that the “date of admission” refers to “the admission by virtue of which the alien was then in the United States.” Matter of Alyazji, 25 I&N Dec. 397, 398 (BIA 2011). It held that the person’s first admission to the United States in any status starts the five-year clock. The clock does not re-start if the person later adjusts status to become an LPR; it just keeps going. By contrast, if the person entered without inspection and then adjusts status, the five years begins on the date of adjustment.
INA §237(a)(2)(A)(ii),
8 USC § 1227(a)(2)(A)(ii)
Unless the two convictions arise from a single scheme of criminal misconduct.