Ravichandran Shivaraman v. John Ashcroft, Attorney General

Raviehandran Shivaraman, an Indian national and United States legal permanent resident, appeals the BIA’s decision finding him removable for having been convicted of a crime involving moral turpitude committed within five years of “the date of admission.” INA § 237(a)(2)(A)®. Shivaraman argues that the BIA erred in holding that his “date of admission,” for purposes of his removal proceeding, was not the date of his lawful entry to the U.S. upon inspection and authorization by an immigration officer, which was more than five years before he committed his crime, but rather the subsequent date, a number of years later, of his adjustment of status to legal permanent resident. We agree.

I. BACKGROUND

Shivaraman lawfully entered the U.S. on or about September 2, 1989 as an F-l nonimmigrant student, and, over' seven years later, on January 1, 1997, adjusted his status to a lawful permanent resident. Due to an intervening change in status to “H1B,” an alien “who is coming temporarily to the United States” to perform services in a “specialty occupation,” see INA § 101(a)(15)(H)(i)(b), and the receipt of other formal extensions of his visas, Shi-varaman has remained lawfully present in…