(A)  Elements of the Category.  Any noncitizen is deportable who, at the time of adjustment of status, was within one or more classes of noncitizens inadmissible under the law at the time of entry.[1395]  NOTE: Grounds of inadmissibility should be consulted here.[1396]  See Appendix G, Checklist of Grounds of Inadmissibility.  NOTE: No conviction is required to establish this ground of deportation.

[1395] INA § 237(a)(1)(A), 8 U.S.C. § 1227(a)(1)(A).

[1396] INA § 212, 8 U.S.C. § 1182.

Second Circuit

INADMISSIBILITY BASED UPON AN ADMISSION - ADMISSIONS INSUFFICIENT PRE-1990
Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (government failed to show noncitizen deportable for being inadmissible at entry or adjustment, under INA 237(a)(1)(A), on the basis that he admitted commission of a controlled substances offense, under current INA 212(a)(2)(A)(i)(II), since this ground of inadmissibility was not triggered by an admission of commission of the offense until IMMACT 1990, effective November 29, 1990, and noncitizen adjusted status prior to that date).

DEPORTABLE BECAUSE INADMISSIBLE AT TIME OF ENTRY OR ADJUSTMENT - COURT MUST LOOK AT LAW AS IT EXISTED AT TIME OF ENTRY/ADJUSTMENT
Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (to determine whether a noncitizen is deportable for being inadmissible at entry or adjustment under INA 237(a)(1)(A), the court must look to the law as it existed at the time of entry or adjustment, not current law).