An exception to the noncitizen bearing the burden of proof in inadmissibility proceedings occurs when the applicant for admission has a colorable claim to status as a returning lawful permanent resident. In that case, the burden of proof to establish excludability is on the INS. Matter of Kane, 15 I. & N. Dec. 258 (BIA 1975). The government's burden is then to show by clear and convincing evidence that the applicant should be deprived of lawful permanent resident status. See Matter of Huang, 19 I. & N. Dec. 749 (BIA 1988). See also, Toro-Romero v. Ashcroft, 382 F.3d 930 (9th Cir. Aug. 30, 2004).