Guest Blogger Tamikka Pate Recently, the Board of Immigration Appeals held that a lawful permanent resident of the United States may be treated as an applicant for admission, pursuant to INA § 101(a)(13)(C)(iii), in removal proceedings if the Department of Homeland Security (DHS) proves by clear and convincing evidence that the returning resident engaged in “illegal activity” at a United States port of entry. Matter of Martinez, 25 I&N Dec. 845, 848 (BIA 2012). Respondent Ignacio Guzman Martinez, a native and citizen of Mexico, has been a lawful permanent resident of the United States since 2004.