No. 25-429October Term 2025Decided Jun 23, 2026
Todd Blanche, Acting Attorney General, Petitioner v. Muk Choi Lau
The government can prove the qualifying crime during the later removal proceeding; it did not need that proof at the moment of the resident's last reentry.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 23, 2026
- What it's about
The Court considered when the government may treat a returning lawful permanent resident as seeking admission to the United States after he committed a crime listed in the immigration inadmissibility statute. It held that the government does not have to show it already had clear and convincing evidence of the crime at the moment of the person’s reentry; it is enough to prove in the later removal proceeding that the person had committed the qualifying offense.
Question presented
To remove a lawful permanent resident who committed an offense listed in Section 1182(a)(2) and was subsequently paroled into the United States, must the government prove that it possessed clear and convincing evidence of the offense at the time of the lawful permanent resident’s last reentry into the United States?
- Case path
United States Court of Appeals for the Second Circuit / Decision released Jun 23, 2026
- Area
Immigration
Briefing
What it's about
The case asked when the government may treat a lawful permanent resident returning from abroad as someone seeking admission after a crime listed in the immigration inadmissibility law. The Court said the government does not need to prove it already had clear and convincing evidence of that crime at reentry; it can prove the offense later in the removal case.
Impact
This makes it easier for the government to remove some green-card holders who committed listed crimes, even if officials lacked full proof when they came back. For example, a returning resident later shown in court to have committed a qualifying offense can still be treated as inadmissible.
What's next
Immigration judges, the Board of Immigration Appeals, and lower courts will apply this rule in pending and future removal cases. The next fights will focus on whether the offense qualifies under the statute and whether the person actually committed it.
What was the main dispute in Todd Blanche v. Muk Choi Lau?
The dispute was whether the government needed clear and convincing proof of a listed crime at the exact time of a green-card holder's reentry. The Court said no.
How could this decision affect lawful permanent residents in real life?
A returning green-card holder can face removal even if officials lacked full proof at the border. Later proof in immigration court can be enough.
What happens next after the Supreme Court's decision?
Lower courts and immigration agencies must follow this rule in current and future cases. The remaining case-specific questions will center on the offense and proof.
Decision
What the Court decided
The government can prove the qualifying crime during the later removal proceeding; it did not need that proof at the moment of the resident's last reentry.
- Result
- Vacated
Impact
This affects lawful permanent residents returning from travel after committing offenses identified in Section 1182(a)(2). Those people can be treated as seeking admission (asking to enter) and may face removal. Lau, admitted in 2007, left for China in 2012 and tried to reenter at an airport. Next, cases may turn on later proof of a qualifying offense by clear and convincing evidence. The ruling vacated the Second Circuit's decision and sent the case back.
Not official Court text.
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Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials9
Supreme Court docket 25-429
docket | Jul 5, 2026
Primary case document
Supreme Court document | Jul 5, 2026
Opinion of the Court - T
opinion | Jun 23, 2026
Questions Presented
brief | Mar 8, 2026
Petition
brief | Oct 8, 2025
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026