Blanche v. Lau · ¶57

One may still wonder, what is the big deal if the applicable exception is established later based on evidence the Government gathers after the fact? Sure, Lau was deemed to be “seeking an admission” at the border, but ultimately, that did not prevent him from physically entering the country. To so reason refects a basic misunderstanding of the nature of the determination that a border officer makes under § 1101(a)(13)(C).

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