Blanche v. Lau · ¶69

Consider the textual points. First, the majority insists that the INA “nowhere” places the “burden” on the Government to establish “that the alien is an applicant for admission.” Ante, at 6–7. This assertion is truly puzzling—what about §1101(a)(13)(C) itself? Under that section, which is the linchpin of this case, a returning LPR “shall not be regarded as seeking an admission into the United States” un less an exception applies. As I have explained, this means that the Government’s default obligation is to deem the LPR already admitted; it must prove against that default in order to be able to do otherwise. If that’s not a burden, nothing is.

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