Blanche v. Lau · ¶82

Applying the proper sequencing under §1101(a)(13)(C) to the facts at hand—and assuming (without taking a view) that the applicable standard is “clear and convincing evidence,” see n. 9, supra—I agree with the Second Circuit that the Government failed to carry its burden to establish, at the time the border officer made the parole decision, that Lau had committed a crime involving moral turpitude.

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