Felipe Cuevas-Cuevas v. Immigration and Naturalization Service

I concur under the compulsion of the holding in Palatian v. Immigration & Naturalization Service, 502 F.2d 1091 (9th Cir. 1974), that an “entry” is conclusively established by proof of unlawful conduct by an alien while abroad, regardless of other indicia of the alien’s actual intention. In my opinion, however, Palatian fails to give reasonable scope to the holding of Rosenberg v. Fleuti, 374 U.S. 449, 462, 83 S.Ct. 1804, 1812, 10 L.Ed.2d 1000 (1962), that an “entry” occurs only when there is “an intent to depart in a manner which can be regarded as meaningfully interruptive of the alien’s…