Samuel Gomez was approved for temporary residency.  Using the travel authorization that accompanied this status, he traveled to El Salvador and back to the United States.  Years later, the applied for adjustment of status to the United States.  To prove his lawful entry, he produced his temporary residence card, round trip plane tickets, a baggage receipt, entry and exits stamps from El Salvador in his passport, and affidavits from himself and his wife (who verified that she picked him up at the airport in Houston).  The agency determined that this was insufficient to demonstrate that he actually passed through the immigration inspection area in the airport and was admitted to the United States.  The agency relied in part on the fact that Mr. Gomez had twice listed his entry as one "without inspection" on other immigration documents.  The Fifth Circuit affirmed, finding that the evidence did not compel a contrary conclusion.

This is a worrisome case, casting serious doubts on the viability of Matter of Quilantan in the Fifth Circuit.

The full text of Gomez v. Lynch can be found here: