What is the burden of proving a waiver of rights in a deportation proceeding?

MultiRegion, United States of America

The following excerpt is from U.S. v. Galicia-Gonzalez, 997 F.2d 602 (9th Cir. 1993):

United States v. Carroll, 932 F.2d 823, 825 (9th Cir.1991). Thus, where the government introduces official records which on their face show a valid waiver of rights in connection with a deportation proceeding, the burden shifts to the defendant to come forward with evidence tending to prove the waiver was invalid. Defendant has not even alleged there was anything wrong with his deportation, i.e., that his rights were improperly explained or that he was coerced into waiving them. The government's prima facie showing thus stands unchallenged and this satisfies the government's burden of showing a valid deportation for purposes of section 1326.

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