Maris J. Liss writes: "We had a nice win in the 6th Circuit today, Ward v. Holder . 1. The Court held that "clear, unequivocal, and convincing" is a very high standard and close to the standard in criminal proceedings. The government must meet...
"At issue in this case was whether the respondent's conviction in violation of California Penal Code ยง 653w(a) (failure to disclose origin of a recording or audiovisual work) renders him removable under section 237(a)(2)(A)(i) of the Immigration and Nationality...
"In sum, we find that the DHS has failed to meet its burden of proving that the respondent is removable based on the charges listed in the Notice to Appear and 1-261, and disagree with the Immigration Judge's finding that the respondent is removable as...