Blanche v. Lau · ¶58

When the INA says that an LPR “shall not be regarded as seeking an admission into the United States . . . unless” one of the six exceptions applies, ibid., it refers to the border officer’s determination of status, first and foremost. The default status of an LPR is that he is already admitted; but under the specified circumstances, a border officer could demote him to the status of “seeking an admission,” rendering him vulnerable to removal proceedings and the insecurity and indeterminacy that come with having to face such proceedings in the future. It is only after the border officer makes the status determination that he then separately decides whether to turn back, detain, or parole (i.e., let in) the demoted LPR. Put differently, at the border, the officer must first classify a returning LPR as already admitted or “seeking an admission,” and that determination, in turn, governs the…

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