Blanche v. Lau · ¶38

To be sure, an alien’s ultimate inadmissibility under §1182(a)(2) turns on whether the alien is convicted of an identified crime. But, §1101(a)(13)(C)(v), by its express terms, incorporates by reference only the crimes §1182(a)(2) identifies, not its requirement of conviction. Read together in that way, the provisions make good sense: “An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission . . . unless the alien . . . has committed,” §1101(a)(13)(C)(v), “a crime involving moral turpitude,” §1182(a)(2)(A)(i)(I). Read together in the way that Lau suggests, the provisions make little sense: “An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission . . . unless the alien . . . has committed,” §1101(a)(13)(C)(v), a “convict[ion]” of “a crime involving moral turpitude,”…

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.