Matter of Valenzuela-Felix, 26 I&N Dec. 53 (BIA 2012) (the time at which the DHS must determine whether a LPR is an applicant for admission because he or she falls under INA 101(a)(13)(C)(v), 8 U.S.C. 1101 (a)(13)(C)(v), is generally at the earliest opportunity, before the initiation of removal proceedings; the DHS may delay this determination when paroling a noncitizen to face prosecution until after the prosecution has been resolved).
http://www.justice.gov/eoir/vll/intdec/vol26/3773.pdf