Blanche v. Lau

(Slip Opinion) OCTOBER TERM, 2025 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus BLANCHE, ACTING ATTORNEY GENERAL v. LAU CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 25–429. Argued April 22, 2026—Decided June 23, 2026 Under the Immigration and Nationality Act (INA), the Government can remove aliens applying for admission to the country if they are “ ‘inad- missible,’ ” and it can remove aliens already admitted if they are “ ‘de- portable.’ ” Campos-Chaves v. Garland, 602 U. S. 447, 451. In this case, respondent Muk Choi Lau, a Chinese citizen, was admitted to the United States as a lawful permanent resident in 2007. On May 7, 2012, New Jersey charged Lau with trademark counterfeiting. While awaiting trial, Lau temporarily left the United States for China. On June 15, 2012, Lau attempted to reenter the United States by present- ing himself to a border officer at the airport. Lawful permanent resi- dents generally must be regarded as already admitted to the country and usually do not have to reapply for admission when they return from temporary overseas travel. 8 U. S. C. §1101(a)(13)(C). Under an exception, the Government may regard a lawful permanent resident as “seeking an admission” (and thus as not already admitted) if he “has committed an offense identified in section 1182(a)(2),” §1101(a)(13)(C)(v), including a crime involving moral turpitude, §1182(a)(2)(A)(i)(I). Because of Lau’s pending criminal charge, the bor- der officer did not regard Lau as already admitted, but instead paroled him pending the resolution of his criminal case, meaning that Lau was allowed to physically enter the country without being formally admit- ted. After Lau pleaded guilty to his trademark-counterfeiting charge on June 24, 2013, the Government initiated removal proceedings against him. At those proceedings, the Government charged Lau as an applicant for admission who was inadmissible for having been con- victed of a crime involving moral turpitude. Lau argued that he was a lawful permanent resident already admitted and subject to removal 2 BLANCHE v. MUK CHOI LAU Syllabus only on deportability grounds. 130 F. 4th 42, 44. The Immigration Judge found Lau removable as charged, and the Board of Immigration Appeals affirmed. Lau sought review in the Second Circuit, which va- cated the removal order. It concluded that Lau should have been re- garded as already admitted upon arrival unless the border officer had “clear and convincing” evidence that Lau had committed the crime, which it held that the officer lacked. Id., at 46. Without that evidence, the court concluded, border officers must regard lawful permanent res- idents as already admitted, which precludes removal on inadmissibil- ity grounds. The court remanded to the agency without prejudice to the Government’s ability to charge Lau with deportability. Because the Second Circuit’s decision conflicted with those of the Fifth and Ninth Circuits, the Court granted certiorari. Held: The Immigration and Nationality Act (INA) does not require a bor- der officer to have clear and convincing evidence that a lawful perma- nent resident has committed a crime involving moral turpitude before deeming the resident an applicant for admission. Pp. 5–9. (a) Removing a lawful permanent resident on a charge of inadmissi- bility involves two steps: at step one, only commission of the crime is required to show that the alien could be regarded as seeking to be ad- mitted; at step two, conviction or admission is required to show that the alien seeking to be admitted is inadmissible. Lau was correctly charged with inadmissibility. At step one, the Government regarded him as an alien seeking admission because he had committed a crime involving moral turpitude before attempting to reenter the country. At step two, he was inadmissible and therefore removable because he had been convicted of a crime involving moral turpitude. The Second Circuit resisted this straightforward analysis based on a conclusion that the Government had the burden “to prove by clear and convincing evidence that [Lau] actually committed the crime in question at the time of reentry.” 140 F. 4th, at 47 (emphasis added). The statute imposes similar burdens in other situations, but nothing in the INA says that the Government has the burden to establish by clear and convincing evidence that the alien is an applicant for admis- sion. The Second Circuit derived its clear-and-convincing-evidence re- quirement not from the statutory text, but from inapposite Board of Immigration Appeals precedent. Correct or not, the Board imposes this burden on the Government only “at the time of the removal hear- ing,” not at the border. Matter of Valenzuela-Felix, 26 I. & N. Dec. 53, 57, 64. Here, the Government satisfied its burden at the hearing: Lau’s guilty plea was clear and convincing evidence that, before he at- tempted to reenter the country, he had committed the crime in ques- tion. The Court declines to read into the INA an additional clear-and- convincing-evidence burden on border officers entrusted with making  Cite as: 609 U. S. ___ (2026) 3 Syllabus “quick judgments on the spot” when that burden is nowhere in the statute or even Board precedent. Luz Munoz v. Holder, 755 F. 3d 366, 371. Pp. 5–7. (b) Lau’s remaining arguments lack merit. Lau argues that the same clear-and-convincing-evidence standard that the Board applies during the removal proceeding should apply to the border officers de- termining that an applicant is seeking an admission. But nothing in the INA supports that argument. Lau also suggests that a lawful permanent resident may be regarded as seeking admission only after being convicted of a crime involving moral turpitude, citing this Court’s footnoted dictum in Vartelas v. Holder, 566 U. S. 257, 275, n. 11. A straightforward reading of the statutory text contradicts Lau’s interpretation. Section 1101(a)(13)(C)(v) says that a lawful permanent resident may “be re- garded as seeking an admission” if he “has committed” a crime identi- fied in §1182(a)(2), which includes “a crime involving moral turpitude.” §1182(a)(2)(A)(i)(I). Under §1101(a)(13)(C)(v), the Government may regard a lawful permanent resident as seeking admission as soon as he “committed a” crime involving moral turpitude “even if (as in [Lau’s] case) the conviction occurred” later. Barton v. Barr, 590 U. S. 220, 232. Section 1101(a)(13)(C)(v) incorporates by reference only the crimes §1182(a)(2) identifies, not its requirement of conviction. Pp. 7–9. (c) The Court does not decide whether Lau’s crime was one involving moral turpitude, but remands the case to the Second Circuit for further proceedings. P. 9. 130 F. 4th 42, vacated and remanded. THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and ALITO, GORSUCH, KAVANAUGH, and BARRETT, JJ., joined. JACKSON, J., filed a dissenting opinion, in which SOTOMAYOR and KAGAN, JJ., joined.  Cite as: 609 U. S. ____ (2026) 1 Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. SUPREME COURT OF THE UNITED STATES _________________ No. 25–429 _________________ TODD BLANCHE, ACTING ATTORNEY GENERAL, PETITIONER v. MUK CHOI LAU ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT [June 23, 2026] JUSTICE THOMAS delivered the opinion of the Court. Respondent Muk Choi Lau, a Chinese citizen, became a lawful permanent resident in 2007. New Jersey charged him with a crime in 2012. He then temporarily left the United States. Ordinarily, a lawful permanent resident who arrives in the United States after a temporary absence does not have to apply for admission because he is regarded as already admitted. 8 U. S. C. §1101(a)(13)(C). If he has committed certain crimes, however, the Government may regard him as not yet admitted. §1101(a)(13)(C)(v). Be- cause of Lau’s pending charge for a crime, a border officer declined to regard Lau as admitted upon his return and did not admit him at the border. Instead, the officer paroled him pending the resolution of his criminal case, meaning that he was allowed to physically enter the country without being formally admitted. After Lau pleaded guilty to the New Jersey charge, the Government initiated removal pro- ceedings and secured a removal order based on his convic- tion. The Board of Immigration Appeals affirmed. The United States Court of Appeals for the Second Cir- cuit vacated the removal order. It concluded that Lau 2 BLANCHE v. MUK CHOI LAU Opinion of the Court should have been regarded as already admitted upon arri- val unless the border officer had “clear and convincing” ev- idence that Lau had committed the crime, which it held that the officer lacked. Muk Choi Lau v. Bondi, 130 F. 4th 42, 46 (2025). Because the Immigration and Nationality Act (INA) does not impose that requirement, we vacate the Sec- ond Circuit’s judgment. I A The Government can remove aliens on different grounds depending on whether they have been formally admitted to the country. It can remove aliens applying for admission if they are “ ‘inadmissible,’ ” and it can remove already admit- ted aliens if they are “ ‘deportable.’ ” Campos-Chaves v. Gar- land, 602 U. S. 447, 451 (2024). The INA specifies the re- spective grounds of inadmissibility and deportability with which the Government can charge an alien. §§1182(a), 1227(a). As relevant here, the Government can charge an alien applicant for admission as inadmissible if he has been “convicted of . . . a crime involving moral turpitude” at any time. §1182(a)(2)(A)(i)(I). By contrast, the Government can charge an already admitted alien as deportable if he has been “convicted of a crime involving moral turpitude” only if that crime was “committed within five years . . . after the date of admission.” §1227(a)(2)(A)(i). Because lawful permanent residents generally must be regarded as already admitted to the country, they usually do not have to reapply for admission when they return from temporary overseas travel. §1101(a)(13)(C). But, under an exception central to this case, the Government may regard a lawful permanent resident as “seeking an admission” (and thus as not already admitted) if he “has committed an offense identified in section 1182(a)(2),” §1101(a)(13)(C)(v), including a crime involving moral turpitude, §1182(a)(2)(A)(i)(I).  Cite as: 609 U. S. ____ (2026) 3 Opinion of the Court When the Government institutes removal proceedings against an alien, the INA imposes various burdens of proof on the alien and the Government. See §§1229a(c)(2), (3). But, it does not specify whether the Government has the burden to establish that the alien is an applicant for admis- sion in the first place, as opposed to someone already ad- mitted. B Lau is a Chinese citizen. He was admitted to the United States as a lawful permanent resident in 2007, making him a “noncitizen who is authorized to live permanently in the United States.” Barton v. Barr, 590 U. S. 222, 227 (2020). On May 7, 2012, New Jersey charged Lau with trademark counterfeiting. While awaiting trial, Lau temporarily left the United States for China. On June 15, 2012, Lau at- tempted to reenter the United States by presenting himself to a border officer at John F. Kennedy International Air- port. Because of his pending criminal charge, the officer did not regard Lau as already admitted, but instead as an ap- plicant seeking admission. The border officer did not immediately decide whether Lau was ultimately admissible. The INA allows the Gov- ernment to parole certain aliens seeking admission instead of formally admitting them, detaining them, or removing them. §1182(d)(5)(A). Parole allows an alien to physically enter the United States without being admitted. Ibid.; see also §1101(a)(13)(B). Parole thus allows the Government to pause the inspection at the border and defer it to a later time without having to detain the alien pending a final ad- missibility decision, as would otherwise be required. §§1225(a), (b)(2)(A); Jennings v. Rodriguez, 583 U. S. 281, 300 (2018). The Government exercised that authority to parole Lau pending the resolution of his criminal case, in- stead of formally deeming him admitted. 4 BLANCHE v. MUK CHOI LAU Opinion of the Court C After Lau pleaded guilty to his trademark-counterfeiting charge on June 24, 2013, the Government initiated removal proceedings against him on March 13, 2014. At those pro- ceedings, the Government charged Lau as an applicant for admission who was inadmissible for having been convicted of a crime involving moral turpitude. See §1182(a)(2)(A)(i)(I). Lau sought to terminate the proceed- ings on the ground that the Government improperly classi- fied him as an applicant “seeking admission” when he re- turned from his trip abroad, instead of deeming him already admitted as a lawful permanent resident and subject to re- moval only on deportability grounds. 130 F. 4th, at 44 (in- ternal quotation marks omitted). Lau also argued that his conviction was not of a crime involving moral turpitude, but that issue is not before the Court because the Second Cir- cuit did not reach it. Id., at 44, 46. Thus, for purposes of this opinion, we assume without deciding that Lau’s convic- tion was of a crime involving moral turpitude. The Immigration Judge found Lau removable as charged, and the Board of Immigration Appeals affirmed the re- moval order. It held that the Government had proved by clear and convincing evidence that Lau fell within the ex- ception for lawful permanent residents who had committed a crime involving moral turpitude and that he was inadmis- sible and removable based on his conviction. D Lau sought review in the Second Circuit, which vacated the removal order. The court acknowledged that a lawful permanent resident may be regarded as seeking admission after he has committed a crime involving moral turpitude, even if he has not yet been convicted. But, according to the Second Circuit, it is not enough that the lawful permanent resident committed a crime involving moral turpitude; the Government needed “clear and convincing evidence,” at the  Cite as: 609 U. S. ____ (2026) 5 Opinion of the Court border, that he committed the crime. Id., at 47. Without that evidence, the court said, border officers must regard lawful permanent residents as already admitted, which precludes removal on inadmissibility grounds. Because, in its view, the criminal charge alone did not give the border officer clear and convincing evidence that Lau committed the crime, the court concluded that Lau was not properly paroled, that he should instead have been deemed admit- ted, and that he therefore could not be charged with inad- missibility. The court remanded to the agency with instruc- tions to terminate removal proceedings based on inadmissibility without prejudice to the Government’s abil- ity to charge Lau with deportability. Because the Second Circuit’s decision conflicted with those of the Fifth and Ninth Circuits, see Luz Munoz v. Holder, 755 F. 3d 366, 370 (CA5 2014); Vazquez Romero v. Garland, 999 F. 3d 656, 664 (CA9 2021), we granted certio- rari, 607 U. S. 1120 (2026). II The Government correctly regarded Lau as an applicant for admission, so it properly charged him with inadmissibil- ity. Nothing in the INA required the border officer to have clear and convincing evidence that Lau had committed a crime involving moral turpitude before deeming him an ap- plicant for admission. A A lawful permanent resident who has “committed an of- fense identified in section 1182(a)(2)” may “be regarded as seeking an admission.” §1101(a)(13)(C)(v). Section 1182(a)(2), in turn, identifies any “crime involving moral turpitude.” §1182(a)(2)(A)(i)(I). Putting the provisions to- gether, if a lawful permanent resident has committed a crime involving moral turpitude, he may be regarded as seeking admission. And, because he is seeking admission, 6 BLANCHE v. MUK CHOI LAU Opinion of the Court he “may be charged with any applicable ground of inadmis- sibility under section 1182(a),” §1229a(a)(2), including be- ing convicted of or admitting to “a crime involving moral turpitude,” §1182(a)(2)(A)(i)(I). Removing a lawful permanent resident on a charge of in- admissibility thus involves two steps: “[W]hile only commis- sion [of the crime] is required at step one” (to show that the alien could be regarded as seeking to be admitted), “convic- tion (or admission) is required at step two” (to show that the alien seeking to be admitted is inadmissible). Barton, 590 U. S., at 233 (internal quotation marks omitted). Under these rules, Lau was correctly charged with inad- missibility. At step one, the Government properly regarded him as an alien seeking admission because he had commit- ted a crime involving moral turpitude before attempting to reenter the country. See Luz Munoz, 755 F. 3d, at 370. So, at step two, he was inadmissible and therefore removable if he satisfied any statutory ground for inadmissibility, in- cluding that he had been convicted of a crime involving moral turpitude. See §1229a(e)(2)(A). B The Second Circuit resisted that straightforward analy- sis. In its view, at step one, the Government had the burden “to prove by clear and convincing evidence that [Lau] actu- ally committed the crime in question at the time of reentry.” 130 F. 4th, at 47 (emphasis added). We disagree. Nothing in the INA imposes the burden that the Second Circuit recognized. The statute imposes similar burdens in other situations, but not in this one. It imposes the burden on the applicant for admission to prove that he is admissi- ble. §1229a(c)(2)(A). It imposes the burden on an alien seeking to prove that he was previously admitted. §1229a(c)(2)(B). It imposes the burden on the Government to prove that an already-admitted alien is deportable. §1229a(c)(3)(A). But, it nowhere says that the Government  Cite as: 609 U. S. ____ (2026) 7 Opinion of the Court has the burden to establish by clear and convincing evi- dence that the alien is an applicant for admission.1 The Second Circuit derived its clear-and-convincing-evi- dence requirement not from the statutory text, but from in- apposite Board of Immigration Appeals precedent. The Board says that the Government must establish that a law- ful permanent resident is an applicant for admission by clear and convincing evidence. App. to Pet. for Cert. 23a. But, the Board imposes this burden on the Government, correctly or not, only “at the time of the removal hearing,” not at the border. Matter of Valenzuela-Felix, 26 I. & N. Dec. 53, 57, 64 (BIA 2012).2 And, here, the Government satisfied its burden at the hearing based “on the evidence produced at the hearing,” §1229a(c)(1)(A): Lau’s guilty plea was clear and convincing evidence that, before he at- tempted to reenter the country, he had committed the crime in question. We decline to read into the INA an additional clear-and-convincing-evidence burden on border officers en- trusted with making “quick judgments on the spot” when that burden is nowhere in the statute or even Board prece- dent. Luz Munoz, 755 F. 3d, at 371. —————— 1 The dissent does not dispute that the INA nowhere imposes the Sec- ond Circuit’s clear-and-convincing-evidence border requirement. Post, at 11–12 (opinion of JACKSON, J.). It asserts that there is a “requisite cer- tainty” that the Government must have at the border, but even after looking to “the text of the statute” it fails to tell us where the dissent’s requirement is to be found. Post, at 3. 2 The Board’s holding that the Government bears the burden to estab- lish that the alien is an applicant for admission is not before the Court, so we do not decide whether it is correct. See Brief for Petitioner 16. The Government suggests that, if there were any burden at the border, it would be for “the arriving individual to establish facts ‘to the satisfaction of the inspecting officer’ ” “relevant to determining the person’s status.” Reply Brief 11–12; see also Tr. of Oral Arg. 19. Because we reject the Second Circuit’s conclusion that border officers had to have clear and convincing evidence of Lau’s crime, we need not decide that issue. 8 BLANCHE v. MUK CHOI LAU Opinion of the Court C We also disagree with Lau’s remaining arguments. Lau argues that border officers had to determine that he was “seeking an admission” based on some standard, §1101(a)(13)(C); accord, 130 F. 4th, at 49; post, at 2, 4–5 (JACKSON, J., dissenting), and that the same clear-and-con- vincing-evidence standard that the Board applies at the re- moval proceeding should apply for both purposes. Brief for Respondent 14–15, 31. But, as the Government points out, border “officers did determine that he was seeking an ad- mission” when they paroled him. Reply Brief 2. And, as we have already explained, there is nothing in the INA that suggests that those officers had to have clear and convinc- ing evidence to do so at that time. Lau argues that the Gov- ernment “expressly” conceded that it had that burden. Brief for Respondent 15, 18. But, the Government conceded that it had the burden only “in removal proceedings,” not at the border. Brief for Petitioner 16 (emphasis added); Reply Brief 3. Lau also suggests that the Second Circuit did not go far enough: A lawful permanent resident may be regarded as seeking admission, he argues, only after being convicted of a crime involving moral turpitude. Brief for Respondent 31, 45–46; see also Brief for Immigration Law Professors as Amici Curiae 9; but see 130 F. 4th, at 47 (rejecting this ar- gument). He cites this Court’s footnoted dictum that the phrase “committed an offense identified in section 1182(a)(2),” §1101(a)(13)(C)(v), “appears to advert to a law- ful permanent resident who has been convicted of an of- fense under §1182(a)(2) (or admits to one),” Vartelas v. Holder, 566 U. S. 257, 275, n. 11 (2012). Brief for Respond- ent 31, 45. A straightforward reading of the text contradicts Lau’s interpretation. Accord, post, at 12–13 (JACKSON, J., dis- senting). Section 1101(a)(13)(C)(v) says that a lawful per-  Cite as: 609 U. S. ____ (2026) 9 Opinion of the Court manent resident may “be regarded as seeking an admis- sion” if he “has committed” a crime identified in §1182(a)(2). Section 1182(a)(2), in turn, identifies certain types of crimes. One is “a crime involving moral turpitude.” §1182(a)(2)(A)(i)(I). So, under §1101(a)(13)(C)(v), the Gov- ernment may regard a lawful permanent resident as seek- ing admission as soon as he “committed a” crime involving moral turpitude “even if (as in [Lau’s] case) the conviction occurred” later. Barton, 590 U. S., at 232. To be sure, an alien’s ultimate inadmissibility under §1182(a)(2) turns on whether the alien is convicted of an identified crime. But, §1101(a)(13)(C)(v), by its express terms, incorporates by reference only the crimes §1182(a)(2) identifies, not its requirement of conviction. Read together in that way, the provisions make good sense: “An alien law- fully admitted for permanent residence in the United States shall not be regarded as seeking an admission . . . unless the alien . . . has committed,” §1101(a)(13)(C)(v), “a crime involving moral turpitude,” §1182(a)(2)(A)(i)(I). Read to- gether in the way that Lau suggests, the provisions make little sense: “An alien lawfully admitted for permanent res- idence in the United States shall not be regarded as seeking an admission . . . unless the alien . . . has committed,” §1101(a)(13)(C)(v), a “convict[ion]” of “a crime involving moral turpitude,” §1182(a)(2)(A)(i)(I). One does not commit a conviction. III We conclude that the Government properly charged Lau with inadmissibility. Border officers did not have the bur- den to establish by clear and convincing evidence that Lau had committed a crime involving moral turpitude. Because Lau still argues that his crime was not one involving moral turpitude and we do not decide that issue, we vacate the judgment of the Second Circuit and remand the case for fur- ther proceedings consistent with this opinion. It is so ordered.  Cite as: 609 U. S. ____ (2026) 1 JACKSON, J., dissenting SUPREME COURT OF THE UNITED STATES _________________ No. 25–429 _________________ TODD BLANCHE, ACTING ATTORNEY GENERAL, PETITIONER v. MUK CHOI LAU ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT [June 23, 2026] JUSTICE JACKSON, with whom JUSTICE SOTOMAYOR and JUSTICE KAGAN join, dissenting. Lawful permanent residents (LPRs)—also known as green card holders—have special status in the U. S. immi- gration system. They are authorized to live and work per- manently in the United States (as the name suggests), are eligible for certain federal benefits, and can contribute money to political campaigns. As relevant here, LPRs can also travel in and out of the United States more easily than other noncitizens. This is because, when an LPR returns to the United States after an international trip, border officers are required by statute to treat an LPR as already admitted unless one of six exceptions applies. See 8 U. S. C. §1101(a)(13)(C). One of those exceptions—the focus of today’s case—ap- plies when the returning LPR “has committed an offense” involving moral turpitude. §1101(a)(13)(C)(v); see §1182(a)(2). If that statutory provision or any of the other listed exceptions is applicable to an LPR returning from abroad, the LPR can be divested of his already-admitted status and treated as if he is “seeking an admission” in- stead. §1101(a)(13)(C). An LPR who is deemed to be “seek- ing an admission” rather than already admitted can be turned away, detained, or conditionally let back into the country on parole. §1182(d)(5)(A). And being paroled often 2 BLANCHE v. MUK CHOI LAU JACKSON, J., dissenting goes hand in hand with confiscation of the LPR’s physical green card (the official document designating the individual as an LPR), thrusting the LPR into a state of uncertainty about his immigration status, his future, and his access to the protections the immigration system affords him. This case is about whether the Government must deter- mine that one of the six statutory exceptions applies before divesting a returning LPR of his already-admitted status. Given the statutory scheme I have just outlined, to ask this question is to answer it: The Government must, of course, make some determination about the applicability of one of the statutory exceptions before an LPR can be deemed “seeking an admission” and paroled back into the country. But today the Court allows the Government to deem an LPR to be “seeking an admission” first and justify the ap- plicability of an exception later—undermining the statu- tory scheme as well as the benefits and security that come with having a green card. I respectfully dissent because the governing law’s text, structure, and context show that the majority’s view cannot possibly be what Congress intended. I Though this isn’t clear from the majority’s opinion, the only question this case presents is one of sequencing: Must the Government determine whether an LPR “has commit- ted” a crime involving moral turpitude, §1101(a)(13)(C)(v), before refusing to deem him already admitted at the border? The majority responds in the negative. The Court now re- lieves the Government of its statutory burden to determine the applicability of an exception at the border if the Govern- ment “satisfie[s] its burden at the [removal] hearing based on the evidence” it accrues by the time of the hearing. Ante, at 7 (emphasis added; internal quotation marks omitted).1 —————— 1 In a footnote, the majority hedges that it “do[es] not decide whether” the Government must satisfy “any burden at the border,” and gestures  Cite as: 609 U. S. ____ (2026) 3 JACKSON, J., dissenting But under the plain terms of the statute, the removal hear- ing—which can come months, or even years, after the LPR is demoted to “seeking an admission” status and paroled in—is too late for the Government to carry its burden. The Government needs to have the requisite certainty about the applicability of the crime-involving-moral-turpitude excep- tion at the border, before it decides that the statute’s default requirement for admission of LPRs does not apply. A Start with the text of the statute. The Immigration and Nationality Act (INA) plainly provides a default rule re- garding the Government’s admission of an LPR returning home from travels abroad. Unlike other noncitizens, an LPR “shall not be regarded as seeking an admission into the United States.” §1101(a)(13)(C) (emphasis added). This is a clear directive. In practical terms, it means that a border officer “shall not” require an LPR to (re)prove that he satisfies the standard admission criteria upon his return to the United States.2 The default rule requiring LPRs to be deemed already ad- mitted gives way in only six circumstances specified in the statute. The border officer may regard an LPR as “seeking an admission” if the LPR “has abandoned or relinquished” his LPR status; “has been absent from the United States for a continuous period in excess of 180 days”; “has engaged in illegal activity after having departed the United States”; “has departed from the United States while” removal —————— at the Government’s alternative position that, if it bears any such bur- den, the correct standard would be “to the satisfaction of the inspecting officer.” Ante, at 7, n. 2 (internal quotation marks omitted). It is hard to square this purported disclaimer with the Court’s holding, which is that all is fine here because the Government “satisfied its burden at the [re- moval] hearing based on the evidence produced at the hearing.” Ante, at 7 (internal quotation marks omitted). 2 This is why, for example, LPRs are often processed alongside U. S. citizens at ports of entry. 4 BLANCHE v. MUK CHOI LAU JACKSON, J., dissenting proceedings are pending; “has committed” a crime involving moral turpitude or a qualifying drug offense; or “is attempt- ing to enter at a time or place other than as designated by immigration officers.” §§1101(a)(13)(C)(i)–(vi).3 1 Knowing just what I have already explained about the statutory scheme is enough to answer the question pre- sented in this case. Congress’s use of the phrase “shall not” leaves the Government no discretion to divest an LPR of his already-admitted status and treat him as “seeking an ad- mission” if he does not fit into one of the six exceptions. See §1101(a)(13)(C); Maine Community Health Options v. United States, 590 U. S. 296, 310 (2020) (“Unlike the word ‘may,’ which implies discretion, the word ‘shall’ usually con- notes a requirement” (some internal quotation marks omit- ted)). In other words, as the Second Circuit correctly observed, §1101(a)(13)(C) is “unmistakably clear that the default pre- sumption is that LPRs will not be treated as seeking admis- sion unless certain threshold determinations have been made.” Muk Choi Lau v. Bondi, 130 F. 4th 42, 49 (2025) (case below). So, as a matter of logic, the statute is “defini- tive on the question of sequence: [The border officer] must determine whether an LPR is an applicant for admission as a threshold matter before [he] is authorized” not to admit that LPR. Ibid. (emphasis deleted). It really is that simple. —————— 3 In the case before us, a border officer deemed Lau to be “seeking an admission” based on the penultimate exception—i.e., on the ground that he had committed a crime involving moral turpitude. But at the time of entry, Lau had not yet been convicted of the then-pending charge for sell- ing counterfeit clothes in New Jersey, and instead testified at a border interview that he “did not know exactly what was contained in the boxes that [he] stored in the” warehouse. App. 16. At a removal hearing years later, an Immigration Judge nevertheless held that the Government had properly deemed Lau to be “seeking an admission” on the basis of a con- viction entered after he had been so deemed.  Cite as: 609 U. S. ____ (2026) 5 JACKSON, J., dissenting Critical here (and elided in the majority’s reasoning) is the distinction between the border officer’s initial decision whether an LPR should be classified as “seeking an admis- sion” and an immigration judge’s later decision, at the re- moval hearing, whether the LPR is ultimately admissible. The admissibility determination comes after the LPR is deemed to be “seeking an admission.” But the Court’s anal- ysis conflates these two distinct determinations. It thereby allows the Government to “satisf[y] its burden” for the ini- tial decision (which, logically, must happen at the border) with later-accrued evidence, i.e., backfill its justification. Ante, at 7. For the reasons I have just laid out, that conclu- sion cannot be squared with §1101(a)(13)(C)’s core mandate directing the Government not to “regar[d an LPR] as seek- ing an admission into the United States.”4 2 For additional confirmation of the Government’s burden at the border, one need only look to the rest of §1101(a)(13)(C). Congress’s use of the present-perfect tense in five of the six exceptions (including the one at issue here) shows that the statute was written for use by border offic- ers. It is the border officer, not the immigration judge, who is tasked with making the determination whether to —————— 4 In Matter of Valenzuela-Felix, 26 I. & N. Dec. 53 (BIA 2012), the Board of Immigration Appeals (BIA) likewise held that the Government’s bur- den to prove that an LPR is “seeking an admission” applies at the re- moval hearing (when admissibility is determined), rather than at the border. The BIA reasoned that the “Immigration Judge’s attempt to de- cide the admissibility issue at the time [the LPR] was initially stopped at the border is at odds with the well-established immigration practice that treats an application for admission as a continuing one.” Id., at 59. The problem with this analysis is that, at the border, the inquiry cannot (yet) be about “inadmissibility” since there is not yet any “application for admission.” The inquiry at the border goes instead to whether the LPR must be deemed already admitted or is “seeking an admission” in the first place. This Court should have abrogated, rather than endorsed, this fundamentally flawed decision. See ante, at 7. 6 BLANCHE v. MUK CHOI LAU JACKSON, J., dissenting classify a returning LPR as already admitted or as “seeking an admission.” The relevant statutory questions are di- rected to the border officer: whether the LPR before him “has abandoned or relinquished” his LPR status, “has been absent from the United States for a continuous period in excess of 180 days,” “has engaged in illegal activity after having departed the United States,” “has departed from the United States” pending removal proceedings, or, as rele- vant here, “has committed” a crime of moral turpitude. §§1101(a)(13)(C)(i)–(v) (emphases added). By contrast, the immigration judge, looking retrospectively from a later post-entry point in the timeline, would consider whether the LPR had so relinquished, been absent, engaged in ille- gal activity, departed, or committed a qualifying crime by the time of entry. See ante, at 6 (noting Lau “had commit- ted a crime involving moral turpitude before attempting to reenter the country” (emphasis added)). “[T]he present-perfect tense conveys to a listener that the event in question continues to be true or valid.” Hewitt v. United States, 606 U. S. 419, 429 (2025). It makes sense that the border officer would ask what “has” transpired with respect to a returning LPR when deciding whether that individual should be treated as already admitted or “seeking an admission.” By contrast, it would not make sense for the immigration judge to consider, for example, whether the LPR “has departed” the United States, §1101(a)(13)(C)(iv); by the time of the removal hearing, the LPR is back inside the country. Similarly, why would an immigration judge consider whether the LPR “has been absent . . . in excess of 180 days” by the time of the removal hearing when, by then, the LPR will already have returned to the United States? What matters under §1101(a)(13)(C)(ii) is how long the LPR has been outside the United States before arriving at the border, not before his  Cite as: 609 U. S. ____ (2026) 7 JACKSON, J., dissenting removal hearing.5 Section 1101(a)(13)(C) thus governs the border officer’s analysis at the time of the LPR’s entry, rather than the immigration judge’s analysis at the removal hearing. One may still wonder, what is the big deal if the applica- ble exception is established later based on evidence the Government gathers after the fact? Sure, Lau was deemed to be “seeking an admission” at the border, but ultimately, that did not prevent him from physically entering the coun- try. To so reason reflects a basic misunderstandin