The government may parole a returning lawful permanent resident into the United States for prosecution without proving at the border that the LPR was seeking an admission under 8 U.S.C. §1101(a)(13)(C), when such a determination depends on facts that are not practically ascertainable at the border; but at subsequent removal proceedings, the government must prove by clear and convincing evidence that the returning LPR falls within one of the exceptions under §1101(a)(13)(C).
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