Blanche v. Lau · ¶52

In other words, as the Second Circuit correctly observed, §1101(a)(13)(C) is “unmistakably clear that the default presumption is that LPRs will not be treated as seeking admission unless certain threshold determinations have been made.” Muk Choi Lau v. Bondi, 130 F. 4th 42, 49 (2025) (case below). So, as a matter of logic, the statute is “definitive on the question of sequence: [The border officer] must determine whether an LPR is an applicant for admission as a threshold matter before [he] is authorized” not to admit that LPR. Ibid. (emphasis deleted). It really is that simple.

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