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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...

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...

CA9 to Hear En Banc CAT Claim/Internal Relocation Burden of Proof Issue

"The U.S. Court of Appeals for the Ninth Circuit ordered that Maldonado v. Holder be heard en banc. The case was submitted on the briefs in December 2013, then the panel, without issuing a decision, issued this order in April: "Pursuant to General Order 5.4(c)(3), the parties are directed...

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

"For reasons to be set forth in a disposition which will follow in due course, we grant Medina–Lara’s petition for review because the government did not meet its burden to show that his California convictions constitute predicate offenses for purposes of removability under 8 U.S.C. §...

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

"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...

CA7 (Posner) on Burden of Proof: Lopez-Esparza v. Holder

"Our ground for setting aside that ruling is not that the administrative law judge erred in finding that Lopez‐Esparza had failed to carry his burden of proof, but that the judge applied the wrong standard—the standard, of his invention, that imperfect recollection precludes a finding of continuous...

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...

En Banc CA9 on Burden of Proof, Citizenship: Mondaca-Vega III

Is the 84-year-old petitioner a native-born U.S. citizen or a deportable Mexican? A deeply-divided en banc court denied the petition for review. Mondaca-Vega III, Dec. 15, 2015 .

CA6 on NACARA, Burden of Proof: Lopez v. Sessions

Lopez v. Sessions, Mar. 21, 2017 - "Marcial Lopez, a native and citizen of Guatemala, contests a decision by the Board of Immigration Appeals that prohibits him from staying in this country. Under the immigration laws, it usually counts against the individual if he enters the country free from governmental...