"Admission" Requirement for I-485 Eligibility

We had some times earlier discussed on the fifth circuit court's definition on Admission (see http://lexpeakimmig.blogspot.com/2008/06/fifth-circuit-on-admitted.html).

Now,  U.S. Department of Justice, Board of Immigration Appeals (BIA) handed down a rule that for the purposes of establishing eligibility for I-485, the law does not require the alien to be questioned by immigration authorities or be admitted in a particular status. 
Image Courtesy: www.barnard.edu

While deciding the matter on Matter of Quilantan, wherein, a citizen of Mexico who entered the United States without a valid document as a passenger in a car being driven by her United States citizen friend.  Her testimony, stated that the immigration inspector asked her friend (driver) whether he was an American citizen but did not ask her anything. The officer then waved the car through the port of entry. She five years later married a United States citizen and filed I-485 before immigration judge who denied the relief based on the decision that she was not "admitted" to the U.S. The BIA disagreed and overturned the decision and remand the case to the immigration judge. 

You can see this decision your selves at http://www.justice.gov/eoir/vll/intdec/vol25/3688.pdf 

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