Vinh Nguyen v. Eric Holder, Jr.

MEMORANDUM

Vinh Tan Nguyen (“Nguyen”) petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) order of removal. Nguyen also petitions for review of a BIA decision denying his motion to reopen, as well as a subsequent BIA decision denying Nguyen’s motion for reconsideration of that denial.

In this Memorandum disposition, we address Nguyen’s claims that:

We deny the petitions with respect to these claims. We address Nguyen’s other claims in a published Opinion filed concurrently with this Memorandum disposition.

1. Nguyen was not denied due process when the Notice to Appear treated him as an alien seeking admission to the United States, rather than a returning lawful permanent resident. An alien who has been previously granted lawful permanent resident status is properly regarded as an alien seeking admission if he “has engaged in illegal activity after having departed the United States.” 8 U.S.C. § 1101 (a)(13)(C)(iii). The government had ample evidence that Nguyen engaged in illegal activity after departing the United States — indeed, Nguyen’s own guilty plea confirmed as much. In light of this evidence,…