Blanche v. Lau · ¶64
Second, being regarded as “seeking an admission” exposes an LPR to inadmissibility proceedings, which are less favorable to LPRs than deportation proceedings. Once an LPR is deemed already admitted—pursuant to the default rule that applies when he returns home after a trip abroad—if the Government wishes to expel the LPR, its only option is to initiate deportation proceedings. See §1227. In such proceedings, it is the Government, not the LPR, that bears the burden of proving deportability. See 8 CFR §1240.8(a) (2025). But if an LPR is deemed to be “seeking an admission,” and is therefore detained or paroled, the Government may initiate removal proceedings on the ground that the LPR is inadmissible. And in those proceedings, the LPR carries the burden of defeating the inadmissibility charge. See 8 U. S. C. §1229a(c)(2)(A). Thus, even affording the Government the presumption of good…Read in context ›
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