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Keywords

burden of proofdue processadmissibility
burden of proofdue processadmissibility

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Francis v. Gonzales

Facts

The Government alleged that the alien was deportable under 237(a)(1)(A) (8 U.S.C.S. 1227(a)(1)(A)) of the Immigration and Nationality Act (INA) because his 1988 and 1990 convictions rendered him inadmissible under INA 212(a),8 U.S.C.S. 1182(a), at the time he became a temporary and permanent resident. The Government relied on (1) a colloquy between the alien and an IJ, which the Government construed as his admission of a conviction, and (2) a photocopy of a police report from a Jamaican police department. The court determined that remand was warranted because no 'rational factfinder' could conclude that this evidence, standing alone, constituted clear, convincing, and unequivocal evidence that the alien had two 'convictions,' as that term was defined by applicable law in 1988 and 1990.

The Government alleged that the alien was deportable under 237(a)(1)(A) (8 U.S.C.S. 1227(a)(1)(A)) of the Immigration and Nationality Act (INA) because his 1988 and 1990 convictions rendered him inadmissible under INA 212(a),8 U.S.C.S. 1182(a), at the time he became a temporary and permanent resident. The Government relied on (1) a colloquy between the alien and an IJ, which the Government construed as his admission of a conviction, and (2) a photocopy of a police report from a Jamaican police department. The court determined that remand was warranted because no 'rational factfinder' could conclude that this evidence, standing alone, constituted clear, convincing, and unequivocal evidence that the alien had two 'convictions,' as that term was defined by applicable law in 1988 and 1990.

Issue

Whether the evidence presented by the Government was sufficient to establish that the alien was deportable based on his alleged prior convictions.

Whether the evidence presented by the Government was sufficient to establish that the alien was deportable based on his alleged prior convictions.

Rule

The burden of proof is on the Service to establish the applicant's inadmissibility, and the full panoply of due process considerations now applies. The government must also meet a heightened standard of proof by establishing the deportability by 'clear, unequivocal, and convincing evidence.'

The burden of proof is on the Service to establish the applicant's inadmissibility, and the full panoply of due process considerations now applies. The government must also meet a heightened standard of proof by establishing the deportability by 'clear, unequivocal, and convincing evidence.'

Analysis

The court found that the evidence presented by the Government, which included a colloquy between the alien and the IJ and a police report, was insufficient to meet the required standard of proof. The court emphasized that no rational factfinder could conclude that the evidence constituted clear, convincing, and unequivocal proof of the alien's two convictions as defined by the law at the time.

The court found that the evidence presented by the Government, which included a colloquy between the alien and the IJ and a police report, was insufficient to meet the required standard of proof. The court emphasized that no rational factfinder could conclude that the evidence constituted clear, convincing, and unequivocal proof of the alien's two convictions as defined by the law at the time.

Conclusion

The court granted the alien's petition for review, vacated the BIA's order, and remanded the case for further proceedings to determine if the Government could produce sufficient evidence to sustain a finding that he was deportable.

The court granted the alien's petition for review, vacated the BIA's order, and remanded the case for further proceedings to determine if the Government could produce sufficient evidence to sustain a finding that he was deportable.

Who won?

The alien prevailed in the case because the court found that the Government did not meet its burden of proof regarding the alleged convictions.

The alien prevailed in the case because the court found that the Government did not meet its burden of proof regarding the alleged convictions.

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