Malang

MEMORANDUM *

Ricardo T. Malang, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’s order affirming the Immigration Judge’s denial of his Motion to Terminate Exclusion Proceedings and his applications for asylum and withholding of removal relief. We deny the petition.

Malang argues on several grounds that he was not an “arriving alien” when he last returned to the United States from the Philippines and that, as such, he was entitled to be placed in deportation proceedings. We find no merit in any of these arguments. Regardless of intent upon re-entry or physical presence in the country, a paroled alien is viewed as an “arriving alien” for immigration purposes. See 8 U.S.C. § 1101 (a)(13)(B), (C); see, e.g., Barney v. Rogers, 83 F.3d 318, 321 (9th Cir.1996). Malang acknowledged that he received notice that he was subject to exclusion proceedings. Moreover, since Malang sought only a hearing for asylum and withholding of removal relief, which the exclusion proceedings provided fairly in accordance with due process, deportation proceedings would not have afforded any additional protections in any event.

The record before us does not…