Blanche v. Lau and Advising LPRs With Criminal Legal System Encounters About Travel Abroad
On June 23, 2026, the Supreme Court issued an opinion in Blanche v. Lau, No. 25-429, holding that border agents do not need clear and convincing evidence that a lawful permanent resident (“LPR”) returning to the United States after travel is “seeking an admission” under Immigration and Nationality Act (“INA”) § 101(a)(13)(C)(v) at the point of encounter in order for the government to charge that person with inadmissibility in removal proceedings. The majority opinion leaves many open questions,
Why it matters
Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.
Topics
Removal defense
Crimes and categorical approach
Adjustment of status
Waivers
Entry and admission
Evidence and procedure
Workflows
Immigration court deadline
Crim-imm screening
Naturalization and adjustment
Forums
Cross-forum
Jurisdictions
National