Sung Pan Liu, A095 704 688 (BIA Sept. 11, 2015)

In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed a DHS appeal and upheld and order terminating proceedings. The Board held that the respondent, a returning lawful permanent, could not be regarded as an applicant for admission based on allegations that he failed to disclose a conviction in Taiwan when he applied to become an LPR. The Board also held that the DHS did not demonstrate by clear and convincing evidence that the respondent was actually convicted of an offense in Taiwan in light of evidence in the record that the conviction was revoked. The decision was issued by Member Roger Pauley. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index