PRECEDENT DECISION: MENDEZ MALDONADO


Department of Justice

Department of Justice

Notice Date: Sept. 22, 2026
Effective Date: Sept. 22, 2026

View Source

(1) The respondent’s admission to possessing and using cocaine makes him inadmissible under section 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(2)(A)(i)(II) (2024), and hence ineligible for adjustment of status.

(2) Section 212(a)(2)(A)(i)(II) of the INA, 8 U.S.C. § 1182(a)(2)(A)(i)(II), does not require that the alien be informed of the precise statutory definition with the essential elements of the offense in question prior to making an admission. Matter of K-, 7 I&N Dec. 594 (BIA 1957), and Matter of J-, 2 I&N Dec. 285 (BIA 1945), overruled.

Join the Immigration Accountability Project

Subscribe to receive updates on Congressional action and legislative analysis on immigration issues.

Support our work

Help IAP educate Americans on the actions, votes, and statements of their elected officials on the issue of immigration.