Aremu v. DHS, 450 F.3d 578 (4th Cir. 2006), vacating Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005), vacated by Aremu v. Dept. of Homeland Security, 450 F.3d 578 (4th Cir. 2006) (for noncitizen previously admitted to the United States, the date of adjustment of status does not constitute a new "admission" for purposes of determining whether the noncitizen is deportable for having committed a CMT within five years of admission, under INA 237(a)(2)(A)(i)), overruling Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005).

Note: The court cited Abdelqadar v. Gonzalez, 413 F.3d F.3d 668 (7th Cir. 2005), and Shivaraman v. Ashcroft, 360 F.3d 1142 (9th Cir. 2004) as making the same holding, although Shivaraman concerned a noncitizen who (unlike Shanu), had never fallen out of status, and Abdelqadar was arguably dica. The Fourth Circuit explicitly stated that the decision did not reach the issue of whether adjustment of status qualified as an "admission" for a noncitizen who entered the United States illegally, and was therefore never previously admitted. See, e.g., Ocampo-Duran v. Ashcroft, 254 F.3d 1133 (9th Cir. 2001); Rosas-Ramirez, 22 I. & N. Dec. 616 (BIA 1999).