Blanche v. Lau · ¶21

Lau sought review in the Second Circuit, which vacated the removal order. The court acknowledged that a lawful permanent resident may be regarded as seeking admission after he has committed a crime involving moral turpitude, even if he has not yet been convicted. But, according to the Second Circuit, it is not enough that the lawful permanent resident committed a crime involving moral turpitude; the Government needed “clear and convincing evidence,” at the border, that he committed the crime. Id., at 47. Without that evidence, the court said, border officers must regard lawful permanent residents as already admitted, which precludes removal on inadmissibility grounds. Because, in its view, the criminal charge alone did not give the border officer clear and convincing evidence that Lau committed the crime, the court concluded that Lau was not properly paroled, that he should instead have…

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