Where LPR who is not deportable briefly leaves the United States, it would arguably violate Substantive Due Process and Equal Protection to consider him or her an arriving alien, and thus inadmissible, and the court must seek a construction of INA 101(a)(13)(C)(v) which avoids these constitutional problems. Note that INA 101(a)(13)(C)(v) contains no exceptions for people granted waivers under INA 212(c), 212(i), or former suspension of deportation under 244. This strengthens the argument that this provision is not all-inclusive, and that another exception is someone who was not removable when s/he left the country. An equal protection claim may be brought to challenge the distinction between LPRs, who committed offenses falling under INA 212(a)(2) but not under INA 237(a)(2), who made brief, innocent departures, and those who, on the other hand, committed such offenses, but never departed (or who did depart, but were not stopped at the border upon their return). Thanks to Lisa Brodyaga for this argument.