Skip to main content

No. 25-429October Term 2025Decided Jun 23, 2026

Docket 25-429October Term 2025 (2025–2026)

Todd Blanche, Acting Attorney General v. Muk Choi Lau

The Court settled the timing-of-proof question for a narrow but important set of immigration removal cases involving returning green-card holders.

Case status

Current stage
Decided
Latest event
Decision released Jun 23, 2026
Case Accepted
Arguments HeardApr 22, 2026
Decision ReleasedJun 23, 2026
What it's about

from the United States Court of Appeals for the Second Circuit.

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 Supreme Court resolved a dispute over when the government must prove that a lawful permanent resident committed an offense listed in Section 1182(a)(2) after that person reentered the country on parole. The supplied materials show the case was decided on June 23, 2026, but they do not include the vote, opinion lineup, or a fuller statement of which side prevailed.

Vote

A decision was released on June 23, 2026, but the supplied materials do not include the vote count or opinion lineup.

Impact

The decision creates one nationwide rule for immigration courts and the Department of Homeland Security in this kind of removal case. For example, a green-card holder who was paroled back into the United States after travel and later faces removal based on a listed offense will now be judged under the same Supreme Court rule everywhere.

What's next

Lower courts, immigration judges, and federal agencies must now apply the Supreme Court's rule in pending and future cases. Lau's case and similar disputes will move forward under that nationwide standard.

What question did Blanche v. Lau ask?

It asked whether the government had to already possess clear and convincing evidence of a listed offense when a lawful permanent resident last reentered on parole.

Who is affected by the decision in Blanche v. Lau?

Lawful permanent residents who return on parole and later face removal based on offenses listed in Section 1182(a)(2) are directly affected. Immigration judges and DHS officials are affected too.

What happens next in Blanche v. Lau?

The lower system must apply the Supreme Court's rule to this case and others like it. Agencies and courts will use that rule in future removal proceedings.

Decision

Decision record

What the Court decided

The Court settled the timing-of-proof question for a narrow but important set of immigration removal cases involving returning green-card holders.

Impact

This affects lawful permanent residents (green card holders) who travel abroad after committing certain crimes. A returning resident can be treated as seeking admission (asking to reenter) without clear and convincing proof. For example, Lau returned after a trademark counterfeiting charge and later faced removal. Next, immigration officials may rely on proof developed later in removal proceedings. Green card holders with qualifying offenses may face being removed after returning from travel.

Not official Court text.

Timing

Decided June 23, 2026

The Court released its decision 62 days after oral argument on April 22, 2026. The median for cases argued in April is 58 days.

Based on 44 merits cases argued in April since 1995.Argument and decision days