Yoon
Yoon v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
The facts are known to the parties and only recited here as necessary to explain our decision.
The record demonstrates that Yoon was an alien subject to removal under 8 U.S.C. § 1225 (a); 8 C.F.R. § 235.1 (c). 1 Yoon admits that he is an inadmissable alien under 8 U.S.C. § 1182 (a)(7)(A)(i)(I) 2 but argues that he was not an applicant for admission under 8 U.S.C. § 1225 (a), and subject to removal under 8 C.F.R. § 235.1 (c), because he left U.S. soil and only stepped foot in the Vancouver, British Columbia, Canada, international airport, before being denied entry into Canada by Canadian immigration officials at Vancouver International Airport. He was subsequently turned over to United States immigration officials stationed at the Vancouver International Airport and returned to the United States. We disagree with Yoon’s argument. Although the economic and diplomatic reach of the United States may extend internationally, its territorial and jurisdictional reach does not. The Vancouver International Airport is no more a part of the United States than the Tower of London. It is true that Yoon originally in 1999 entered the United States on a tourist visa, and…