Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
Brito Sanchez v. Garland
"Brito has produced the necessary evidence to meet the “preponderance of the evidence” standard articulated in Giha, supra. His mother Ms. Lopez testified he was born in California, an obviously relevant fact in the question of his citizenship. For the reasons described in the court's findings of fact above, her testimony is credible. Her demeanor was credible. Her memory was detailed. Fundamentally, the birth of her son is something she reasonably remembers and knows about in meaningful detail. Ms. Lopez's deposition testimony and responses at trial were internally consistent and consistent with other documentary and testimonial evidence, including the claims in her petition for a U Nonimmigrant visa, her testimony before other tribunals and her application for child support benefits. She also has offered a credible explanation for the existence of the Mexican birth registration certificate and the circumstances giving rise to its creation, in the form of her testimony as bolstered by the expert testimony. The inconsistencies in Ms. Lopez's testimony were minor, to the extent there were meaningful inconsistencies at all. ... The government has not carried its burden to disprove Brito's U.S. citizenship “by clear, unequivocal, and convincing evidence.” Berenyi v. Dist. Dir., INS, 385 U.S. 630, 636 (1967). This court finds Brito has produced “substantial credible evidence, ” by a preponderance of the evidence, of his U.S. citizenship. The government has not shown by “clear, unequivocal, and convincing evidence” that Brito is not a U.S. citizen. On the record developed before this court, Brito is a U.S. citizen."
[Hats off to Nienke Schouten!]