Blanche v. Lau · ¶70

Perhaps the majority’s view is that, even assuming the Government carries a burden at the border, the burden might be something other than “clear and convincing evidence.” See ante, at 7, n. 2. Indeed, the courts of appeals have varied on the proper standard. The Third Circuit, for example, has embraced a lower, “probable cause” standard. Doe v. Attorney General, 659 F. 3d 266, 272 (2011).

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