Sorry, you're right. The provision that applies that to green cards is 8 USC 1255. There was a Supreme Court case about this recently: https://www.supremecourt.gov/opinions/20pdf/20-315_q713.pdf
Do you have any evidence this man entered the USA illegally? Seems to me he obviously had a 90 day tourist visa when he entered the country at least. Sounds like lawful admission to me.