8 CFR 1240.8 - Burdens of proof in removal proceedings

Cite as8 CFR 1240.8
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362 practice notes
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...or Secretary should exercise the discretion to grant relief. See INA 208(b)(1), 240(c)(4)(A), 8 U.S.C. 1158(b)(1), 1229a(c)(4)(A)(ii); 8 CFR 1240.8(d); see Romilus v. Ashcroft, 385 F.3d 1, 8 (1st Cir. 2004). Section 208 of the INA provides that, in order to apply for asylum, an applicant mu......
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • November 30, 2007
    ...of proof is on an alien to establish eligibility for a discretionary form of relief from removal, see section 240(c)(4)(B) of the Act; 8 CFR 1240.8(d), so it is reasonable to provide that aliens who are granted voluntary departure are expected to provide proof of compliance with one of the ......
  • Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
    • United States
    • Executive Office For Immigration Review,Homeland Security Department
    • Invalid date
    ...clear that the alien would continue to bear the burden to demonstrate that the firm resettlement bar does not apply, consistent with 8 CFR 1240.8(d). Finally, the Departments propose that the firm resettlement of a parent or parents with whom a child was residing at the time shall be impute......
  • Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
    • United States
    • Federal Register November 09, 2018
    • November 9, 2018
    ...The alien bears the burden of proof to establish that he or she meets these criteria. INA 208(b)(1)(B)(i), 8 U.S.C. 1158(b)(1)(B)(i); 8 CFR 1240.8(d). For an alien to establish that he or she is a ``refugee,'' the alien generally must be someone who is outside of his or her country of natio......
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351 cases
  • In re M-D-C-V, Interim Decision #3989
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • July 14, 2020
    ...burden of proof for arriving aliens is substantively the same as the statutory burden of proof for applicants for admission. See 8 C.F.R. § 1240.8(b) (2020).13 For aliens charged as being in the United States without being admitted or paroled, the DHS must first establish the respondent's a......
  • Marinelarena v. Sessions, No. 14-72003
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 23, 2017
    ...for relief may apply, the alien shall have the burden of proving by a preponderance of the evidence that such grounds do not apply." 8 C.F.R. § 1240.8(d) (emphasis added). In Young v. Holder , 697 F.3d 976, 990 (9th Cir. 2012) (en banc), we held that a "petitioner cannot carry the burden of......
  • Young v. Holder, No. 07–70949.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 17, 2012
    ...felony conviction. Next, the BIA held that Petitioner was ineligible for cancellation of removal. Citing 8 U.S.C. § 1229a(c)(4) and 8 C.F.R. § 1240.8(d), the BIA observed that Petitioner had the burden of establishing his eligibility for cancellation, which thus required Petitioner to show ......
  • Gutierrez v. Sessions, No. 17-3749
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 16, 2018
    ...showed that the 8 U.S.C. § 1229b(a)(3)"aggravated felony bar ‘may apply’ " to Gutierrez's application for relief, the BIA applied 8 C.F.R. § 1240.8(d) and required Gutierrez to "prove by a preponderance of the evidence that the bar [was] inapplicable." Gutierrez could meet this burden "by p......
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2 books & journal articles
  • ELIMINATING THE FUGITIVE DISENTITLEMENT DOCTRINE IN IMMIGRATION MATTERS.
    • United States
    • Notre Dame Law Review Vol. 97 Nbr. 3, March 2022
    • March 1, 2022
    ...visas or T visas. However, because that relief is granted by USCIS and not by the immigration courts, it is not discussed here. (107) 8 C.F.R. S 1240.8(d) (108) Mailer of Findley, 2017 WL 11.30670, at *3 (BIA Jan. 31, 2017) (noting that "the Federal Rules of Evidence do not apply in immigra......
  • Detained: A Study of Immigration Bond Hearings
    • United States
    • Law & Society Review Nbr. 50-1, March 2016
    • March 1, 2016
    ...in the United States; if the judge denies relief, the nonci-tizen will be ordered removed from the United States (8 U.S.C. §1229a; 8 C.F.R. § 1240.8). The immigration judge’s decision onthe noncitizen’s application for relief may be appealed to theBoard of Immigration Appeals (BIA), and the......
8 provisions
  • Asylum Eligibility and Procedural Modifications
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...or Secretary should exercise the discretion to grant relief. See INA 208(b)(1), 240(c)(4)(A), 8 U.S.C. 1158(b)(1), 1229a(c)(4)(A)(ii); 8 CFR 1240.8(d); see Romilus v. Ashcroft, 385 F.3d 1, 8 (1st Cir. 2004). Section 208 of the INA provides that, in order to apply for asylum, an applicant mu......
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • November 30, 2007
    ...of proof is on an alien to establish eligibility for a discretionary form of relief from removal, see section 240(c)(4)(B) of the Act; 8 CFR 1240.8(d), so it is reasonable to provide that aliens who are granted voluntary departure are expected to provide proof of compliance with one of the ......
  • Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
    • United States
    • Executive Office For Immigration Review,Homeland Security Department
    • Invalid date
    ...clear that the alien would continue to bear the burden to demonstrate that the firm resettlement bar does not apply, consistent with 8 CFR 1240.8(d). Finally, the Departments propose that the firm resettlement of a parent or parents with whom a child was residing at the time shall be impute......
  • Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
    • United States
    • Federal Register November 09, 2018
    • November 9, 2018
    ...The alien bears the burden of proof to establish that he or she meets these criteria. INA 208(b)(1)(B)(i), 8 U.S.C. 1158(b)(1)(B)(i); 8 CFR 1240.8(d). For an alien to establish that he or she is a ``refugee,'' the alien generally must be someone who is outside of his or her country of natio......
  • Request a trial to view additional results

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