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Unpub. BIA Burden of Proof Victory in Texas

"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 charged under sections 237 (a )(2)( C)...

Unpub. BIA on Burden of Proof, Police Report, Silva-Trevino Step 3: Matter of Hernandez Avila

"At issue in this case was whether the respondent's conviction in violation of California Penal Code § 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 Act, 8 U.S.C. § 1227...

CA7 on Burden of Proof: Hernandez Lara v. Lynch

"Hernandez testified at the removal hearing that he had entered his marriage in good faith and the government offered no evidence to the contrary. Without making a credibility finding, the immigration judge determined that Hernandez’s marriage was not bona fide and ordered him removed. The...