Can CBP Expedited-Remove a Green Card Holder at the Border? Legal Authority Explained

Does CBP Have the Legal Authority?

Short answer: Yes, CBP can place a green-card holder into expedited removal at the border, but only in very limited, legally defined situations.
It is not routine, and in many cases, it is legally questionable or outright unlawful when the facts do not clearly meet the statute.

Let’s break this down cleanly.

1. Does CBP Have the Legal Authority to Expedited-Remove an LPR?

Yes, but narrowly.

CBP’s expedited removal authority comes from INA § 235(b)(1), which allows summary removal of certain arriving aliens without a hearing before an Immigration Judge However, lawful permanent residents (LPRs) are generally NOT considered “arriving aliens.” They are treated as returning residents, unless one of the statutory exceptions in INA § 101(a)(13)(C) applies.

When Can an LPR Be Treated as an “Applicant for Admission”?

CBP may treat an LPR as seeking admission only if DHS can establish one of the following:

INA § 101(a)(13)(C) Exceptions

An LPR may be treated as an applicant for admission if the person:

1. Abandoned or relinquished LPR status
2. Was absent from the U.S. for more than 180 days
3. Engaged in illegal activity after departing the U.S.
4. Departed the U.S. while in removal proceedings
5. Committed certain criminal offenses (especially CIMTs, controlled-substance offenses, or aggravated felonies)
6. Attempted to enter without inspection or through fraud or misrepresentation

👉 If none of these apply, the LPR should NOT be subject to expedited removal.

2. Can CBP Use Expedited Removal Instead of an Immigration Judge?

This is the critical legal issue.

Even when an LPR arguably falls into one of the §101(a)(13)(C) categories:

• Expedited removal is strongly disfavored
• The default procedure should be issuance of a Notice to Appear (NTA)
• The case should be referred to an Immigration Judge, not resolved summarily by CBP

Key Legal Authority

• Matter of Collado-Munoz, 21 I&N Dec. 1061 (BIA 1998)
  → Lawful permanent residents have a constitutional due-process interest in their status
• Matter of Rivens, 25 I&N Dec. 623 (BIA 2011)
  → DHS bears the burden of proving an LPR is seeking admission
• DHS policy guidance (historical)
  → Repeatedly cautions against using expedited removal against LPRs except in the clearest cases

Bottom Line

👉 CBP should almost always issue an NTA, not expedited removal, when dealing with an LPR.

3. When Do We Actually See Expedited Removal Used Against LPRs?

In practice, CBP has sometimes placed LPRs into expedited removal in situations such as:

• Alleged fraud or misrepresentation at entry
• Claim that the green card is invalid or expired (often legally incorrect)
• Allegations of abandonment
• Confusion involving conditional residents (CR-1) or I-751 extension letters
• Poor documentation or lack of supervisory review at secondary inspection

⚠️ Many of these cases are legally defective and later challenged through:

• I-212 permission to reapply
• I-290B motions
• Habeas petitions
• Federal court litigation
• Motions to reopen or rescind expedited removal

4. What CBP Cannot Lawfully Do

CBP cannot lawfully expedited-remove an LPR simply because:

• ❌ The green card is expired (status ≠ card validity)
• ❌ There is a pending I-751 with an extension notice
• ❌ The travel abroad was brief
• ❌ An officer “doesn’t believe” the marriage
• ❌ The case seems “too complicated”

👉 Those are Immigration Judge issues, not CBP summary determinations.

5. Practical Litigation Takeaways (Important)

From a legal-strategy perspective:

• Expedited removal of an LPR is highly vulnerable to challenge
• Missing elements are major red flags, including:
  • No sworn statement
  • No articulated §101(a)(13)(C) ground
  • No supervisory sign-off
  • No evidence of abandonment or inadmissibility

⚠️ A passport stamp or CBP notation does not automatically equal a lawful expedited removal if statutory prerequisites were not met.

Many expedited removals of LPRs violate due process, especially where:

• The LPR had valid documentation
• There was a pending petition or extension
• CBP failed to clearly establish a statutory exception

Final Takeaway

Yes, CBP can expedited-remove a green-card holder, but only in narrow, clearly defined situations. Outside those circumstances, expedited removal of an LPR is often unlawful and legally challengeable.

When CBP bypasses Immigration Court without meeting statutory requirements, due process is at risk, and litigation may be warranted.