Supreme Court to Review Immigration Case Involving Treatment of Lawful Permanent Resident as First Time Entrant

Britain Eakin for Law360 (registration required) reports that the U.S. Supreme Court has agreed to review an immigration case (Bondi v. Lau) raising the question whether the U.S. Department of Homeland Security can treat a lawful permanent resident returning from a trip abroad as an applicant for admission based on criminal charges.

The Court granted the Trump administration's request for review of a U.S. Court of for the Second Circuit decision that vacated an order of removal against a Chinese lawful permanent resident based on a trademark counterfeiting criminal matter. "The Second Circuit held that Lau's then-pending trademark-counterfeiting charge did not amount to the kind of clear and convincing evidence required to classify a returning green card holder as an applicant for admission, rather than admit him as a lawful permanent resident."