Category Archives: burden of proof

CA7 on burden of proving by a preponderance of the evidence that marriage was bona fide

Posted on June 24, 2015 by Mike Baker

The Board of Immigration Appeals applied too high a burden of proof when it determined that a conditional permanent resident’s marriage was not bona fide and the error warranted remand because the resident testified unequivocally that he did not marry … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Good-Faith Marriage Waiver, I-751 petition, Joint Petition I-751, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence, Removal of Conditions on Permanent Residency Based on Marriage, Waiver of Joint Petition Application | Leave a comment

Burden of proof as to existence of conviction

Posted on September 24, 2009 by Mike Baker

Barradas v. Holder, No. 08-3440 (9/23/09) burden of proof as to existence of conviction, Compelled Testimony, Excessive Interrogation by IJ Barradas v. Holder (Tinder) Oral Argument | Full Text Record contained sufficient evidence to support IJ’s finding that lawful permanent … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Compelled Testimony, Excessive Interrogation by IJ | Leave a comment