2nd Circuit reverses deportation order against Muk Choi Lau in green card holder case

The U.S. Court of Appeals for the Second Circuit reversed the Board of Immigration Appeals' decision in the case of Muk Choi Lau, a Chinese national who became a lawful permanent resident in September 2007. In May 2012, Lau was charged with third-degree trademark counterfeiting in New Jersey. While awaiting trial, he temporarily left the United States. Upon his return on June 15, 2012, immigration officers at John F. Kennedy International Airport declined to admit him and instead paroled him for deferred inspection due to his pending charge. Lau pleaded guilty to the counterfeiting charge in June 2013 and was sentenced to two years' probation. In 2014, DHS sought to remove Lau, alleging he was ineligible for admission into the U.S. rather than on the ground that he had violated the terms of his green card. The Second Circuit found that Lau was improperly classified as an "applicant for admission" because DHS did not possess clear and convincing evidence that Lau had committed the crime at the time of reentry. The court granted Lau's petition for review, vacated the final order of removal, and remanded the case with instructions to terminate removal proceedings against Lau.