On June 23, 2026, the Supreme Court issued an opinion in Blanche v. Lau, No. 25-429, holding that border agents do not need clear and convincing evidence that a lawful permanent resident (“LPR”) returning to the United States after travel is “seeking an admission” under Immigration and Nationality Act (“INA”) § 101(a)(13)(C)(v) at the point of encounter in order for the government to charge that person with inadmissibility in removal proceedings. The majority opinion leaves many open questions, including what burden, if any, border agents must satisfy before paroling or detaining an LPR as an applicant for admission. However, the Lau decision makes plain that a returning LPR who has only a pending criminal charge that would not render them inadmissible at the time they were inspected by a border officer but who is convicted of that charge by the time of removal proceedings can be subjected to the grounds of inadmissibility.
This practice alert provides an overview of the facts of the case and the Supreme Court’s decision. See Parts II & III. Next, the alert discusses the impact of the Lau decision on current law. See Part IV. Finally, the alert offers advice to attorneys considering how to respond to this decision in their practice. See Part V.
