In this unpublished decision, the Board of Immigration Appeals (BIA) upheld an order of removal and found the respondent, who was alleged to have fraudulently obtained lawful permanent resident status, was properly charged as an applicant for admission under INA 212(a) upon returning from travel abroad. The decision was written by Member Patricia Cole. Member Roger Pauley wrote a concurring opinion. Member Teresa Donovan wrote a dissenting opinion stating that the respondent should have been charged with deportability under INA 237(a) because none of the exceptions for returning LPRs in INA 101(a)(13)(C) applied.