Dung Tuan Pham, A027 824 163 (BIA May 30, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further proceedings in light of the Supreme Court's decision in Vartelas v. Holder, 132 S.Ct. 1479 (2012), which held that Section 101(a)(13)(C)(v) of the INA, which treats returning lawful permanent residents as applicants for admission if they have committed certain crimes, may not be applied retroactively. The decision was written by Member John Guendelsberger.