About this episode

The episode discusses the Supreme Court case Blanche v. Lau regarding the evidentiary standards for border officers when treating green card holders as applicants for admission.

Blanche, Acting Attorney General v. Muk Choi Lau | Case No. 25-429 | Docket Link: Here | Argued: April 22, 2026 | Decided: June 23, 2026 Overview: The Court addressed whether border officers must possess clear and convincing evidence that a green card holder committed a crime before stripping that person of already-admitted status and treating the holder as an applicant for admission. Question Presented: Whether the INA requires border officers to possess clear and convincing evidence of a crime before treating a green card holder as seeking admission. Posture: Second Circuit vacated removal order; Supreme Court granted certiorari to resolve circuit split. Main Arguments: • Petitioner (Government): (1) The INA imposes no evidentiary burden on border officers making on-the-spot classification decisions; (2) the two-step framework requires crime commission at step one and conviction at step two, both satisfied here; (3) the government met the clear-and-convincing standard at the removal hearing through Lau's guilty plea. • Respondent (Lau): (1) The INA's "shall not" command required the government to determine whether an exception applied before treating a returning green card…

Topics covered

• immigration law
• Supreme Court
• border security
• green card holders
• legal standards

Keywords

• green card
• border officers
• INA
• evidentiary burden
• Supreme Court ruling

Mentioned in this episode

Organizations: Second Circuit, Supreme Court

Books & works: INA

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