Gomintong
Gomintong v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Jayson Dofredo Gomintong challenges the Board of Immigration Appeal’s (BIA) order dismissing his appeal and denying his motion to remand to the Immigration Court. He challenges the BIA’s conclusion that he is an arriving alien “seeking admission” into the United States under 8 U.S.C. § 1101 (a)(13)(C)(v) based on his controlled substance conviction. He also advances an equal protection argument. We review questions of law de novo. Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1287 (9th Cir.2004).
Gomintong argues that the holding in Rosenberg v. Fleuti, 374 U.S. 449 , 83 S.Ct. 1804 , 10 L.Ed.2d 1000 (1963), that a legal permanent resident (LPR) does not “enter” the United States by virtue of taking an “innocent, casual and brief’ trip abroad (“the Fleuti doctrine”), survives the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). This argument is foreclosed by *99 Camins v. Gonzales, 500 F.3d 872 (9th Cir.2007). There, we held that § 1101(a)(13), as rewritten by IIRIRA, abrogated the Flewti Doctrine. Accordingly, the BIA did not err by concluding that Gomintong was ineligible to adjust his status as a matter of law.