What is the burden of proving a deportable alien?
MultiRegion, United States of America
The following excerpt is from Florez-de Solis v. I.N.S., 796 F.2d 330 (9th Cir. 1986):
The government has the burden of proving that an alien is deportable. However, if the alien concedes deportability as Solis did in this case, the government's burden on this issue is satisfied. Estrada v. INS, 775 F.2d 1018, 1020 (9th Cir.1985). A deportable alien may obtain relief from deportation if he or she meets the requirements for political asylum under section 208(a) or for withholding of deportation under section 243(h).
Section 243(h)(1) provides in pertinent part:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the government have to prove that an order of removal or deportation was issued where the alien has been deported or removed? (MultiRegion, United States of America)
Does the burden of proving a claim against a party be burdens of proof? ("New York", United States of America)
Is a deported alien permitted to petition for a review of his deportation order? (MultiRegion, United States of America)
Does the Attorney General have discretion to suspend the deportation of an otherwise deportable alien? (MultiRegion, United States of America)
What is the burden of proving a waiver of rights in a deportation proceeding? (MultiRegion, United States of America)
What is the burden of proving that a deportation order was fundamentally unfair? (MultiRegion, United States of America)
What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
Does the Attorney General have discretion to suspend deportation of an otherwise deportable alien? (MultiRegion, United States of America)
What is the burden of proving a defendant's guilty plea? (MultiRegion, United States of America)
