Kepilino

I. Factual and Procedural Background

Kepilino is a native and citizen of South Korea. She first entered the United States as a visitor for pleasure on or about November 4, 1996. Kepilino married a U.S. citizen and adjusted her status on July 8, 1998. She received a temporary Form I-551 resident alien card valid from July 8, 1998, through January 31, 2004. On January 7, 1999, Kepilino was arrested and charged with practicing massage without a license under H.R.S. section 425-0015 and prostitution under KEPILINO v. GONZALES 8339 H.R.S. section 712-1200. On March 2, 1999, Kepilino pleaded no contest to both charges.

On December 8, 2002, Kepilino arrived at the Honolulu International Airport after a brief trip to South Korea to visit her ailing father. She applied for admission as a returning temporary resident alien. Kepilino was interviewed on arrival and admitted that she had been convicted of prostitution under H.R.S. section 712-1200. The Department of Homeland Security did not admit Kepilino but instead charged her with being inadmissible under section 212(a)(2)(D)(i) of the INA as an alien coming to the United States to engage in prostitu- tion or…