Blanche v. Lau · ¶44

This case is about whether the Government must determine that one of the six statutory exceptions applies before divesting a returning LPR of his already-admitted status. Given the statutory scheme I have just outlined, to ask this question is to answer it: The Government must, of course, make some determination about the applicability of one of the statutory exceptions before an LPR can be deemed “seeking an admission” and paroled back into the country. But today the Court allows the Government to deem an LPR to be “seeking an admission” first and justify the applicability of an exception later—undermining the statutory scheme as well as the benefits and security that come with having a green card. I respectfully dissent because the governing law’s text, structure, and context show that the majority’s view cannot possibly be what Congress intended.

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