CA6 on Degree, Burden of Proof: Ward v. Holder

CA6 on Degree, Burden of Proof: Ward v. Holder

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 this standard to prove an LPR abandoned their greencard in removal proceedings.

2. The Sixth Circuit used the decision to correct two precedent 6th Circuit decisions that incorrectly held that the burden for proving an LPR abandoned his greencard was merely "clear and convincing" not "clear, unequivocal and convincing." The Court also correct a precedent 6th Circuit decision that said that "clear and convincing" is the same as "clear, unequivocal, and convincing." It's not!

2. The Court also held that the IJ incorrectly assigned the burden to Ward instead of the government in this case.

3. Finally, the Court clarified the meaning of the word "unequivocal:" "