Todd Blanche, Acting Attorney General, Petitioner v. Muk Choi Lau
The Supreme Court will decide the evidentiary standard required to remove a lawful permanent resident who committed a specific offense and was later paroled back into the United States. Specifically, the Court will determine if the government needs clear and convincing evidence of the offense at the time of the resident's last reentry.
Case overview
- Dispute
- The Supreme Court will decide the evidentiary standard required to remove a lawful permanent resident who committed a specific offense and was later paroled back into the United States. Specifically, the Court will determine if the government needs clear and convincing evidence of the offense at the time of the resident's last reentry.
- Issue
- The Court is deciding whether 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.
- Current posture
- Argued Apr 22, 2026.
Question
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?
Plain English
The Court is deciding whether 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.
Procedural posture
- Originating court
- United States Court of Appeals for the Second Circuit
- Supreme Court review
- Awaiting Decision
- Argument
- Held Apr 22, 2026
- Opinion
- Not released
Who is watching
- Legal area
- Constitutional Law
- Institutional path
- United States Court of Appeals for the Second Circuit decision under Supreme Court review
- What changes next
- The next public milestone is the Court's disposition.
- Term context
- Awaiting Decision in October Term 2025 (2025–2026)
Source trail
Primary materials plus reporting.
Plain-English explainer. Court records remain authoritative. Official filings and opinions remain authoritative.
MethodologyRefreshed May 17, 2026.
Primary materials
Related cases
