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CA9 on Burden of Proof: Medina-Lara v. Holder

September 23, 2014 (1 min read)

"The government has failed to carry its burden to show by clear and convincing evidence that Medina has been convicted of an aggravated felony or a controlled substance offense.  Similarly, Supreme Court case law issued subsequent to the agency action reviewed here has foreclosed on the government’s contention that Medina had been convicted of a firearm offense.  Because a substantive remand is inappropriate for the reasons stated above, we GRANT Medina’s petition for review, VACATE the removal order, and REMAND to the agency with the instruction that it grant Medina’s motion to terminate proceedings." - Medina-Lara v. Holder, Sept. 19, 2014.  [Hats way off to Lori Walls and Devin Theriot-Orr!]