United States Fourth Circuit

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Othi v. Holder, 12-2316

A petition for review of a removal order of the Board of Immigration Appeals (BIA) is denied, where: 1) the doctrine enunciated in Rosenberg v. Fleuti, 374 U.S. 449 (1963), which permitted lawful permanent residents to take "innocent, casual, and brief" trips abroad without having to seek readmission, did not survive the amendments made by the Immigration Reform and Immigrant Responsibility Act; 2) although petitioner was a lawful permanent resident, upon his entry into this country from India after a 17 day trip, petitioner was "seeking admission into the United States" and was subject to removal because of his criminal history; and 3) petitioner's due process rights have not been offended.

Appellate Information

  • Decided 10/29/2013
  • Published 10/29/2013


  • AGEE


  • United States Fourth Circuit


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