"Any alien who has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States . . . is inadmissible," pursuant to 8 United States Code §1182(a)(9)(B)(i).
Lemus-Cruz v. Holder
U.S. Court of Appeals for the 2nd Circuit
August 20, 2012