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    IMMIGRATION                                                               MAY 08, 2026     |  The Indian Eye 47

            Guevara, 20 I&N Dec.238 (1990)  ability to try to suspect that an LPR  based on the suspicion that a CIMT  approach contingent on whether a
            that an alien’s silence alone does not  has committed a crime rather than  has been committed, leaving open  conviction eventually materializes

            provide sufficient evidence under the  been convicted or one or admitted to  whether this suspicion will ever be  effectively  nullifies  this  clear  com-
            standard in Woodby v. INS, which  the elements of the crime. The CBP  confirmed  by  a  subsequent  convic-  mand.” Unlike the merchants of old,
            held that the burden was on the gov-  officer should also not be able to ex-  tion”.                  a CBP officer cannot set up a piepow-
            ernment to prove by “clear, unequiv-  tract a confession.               The  2nd  Circuit  reasoned  that  der court at the airport to bludgeon
            ocal, and convincing evidence” that   The U.S. Court of Appeals for  the “INA is unmistakably clear  a weary LPR traveler into admitting
            the LPR should be deported from  the 2nd Circuit’s holding in Blanche  that the default presumption is that  to having committed the elements of
            the United States. This has also been  v. Lau was much more in line with  LPRs will not be treated as seeking  a CIMT absent clear and convincing
            more recently affirmed by the Board  Justice Ginsburg’s reasoning. The  admission unless certain threshold  evidence.
            of Immigration Appeals in Matter  2nd Circuit held that the INA does  determinations have been made…
            of Rivens, 25 I&N Dec. 623 (BIA  not permit “DHS to treat a returning  Allowing DHS to defer such a de-  *Kaitlyn Box is a Partner at Cyrus D.
            2011).                            LPR as an applicant for admission  termination and take a wait-and-see    Mehta & Partners PLLC.
                As the late Justice Ginsburg   ________________________________________________________________________________________________________________________________________________________________________________________________
            observed in Vartelas v. Holder, 566
            U.S. 257 (2012), “[o]rdinarily to de-  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
            termine  whether there is clear  and   & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
            convincing evidence that an alien has   mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
            committed a qualifying crime, the im-
            migration officer at the border would  Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
            check the alien’s record of convic-  of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
            tion. He would not call into session   Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
            a piepowder court to entertain a plea
            or  conduct  a  trial.”  Piepowder,  or  Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
            “dusty feet courts”, as Justice Gins-  on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
            burg’s decision notes, were tempo-  Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
            rary mercantile courts quickly set up
            to hear commercial disputes at trade  and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
            fairs in medieval Europe while the   immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
            merchants’ feet were still dusty.   the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
                Justice Ginsburg’s observation
            appears  to  restrict  a  CBP  officer’s  in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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