United States Second Circuit

In an immigration matter, petition for review of a decision ordering removal is granted and decision of the Board of Immigration Appeals (BIA) is vacated and remanded where the agency assigned the burden of proof to the petitioner, where it should have required the government to prove abandonment by clear, unequivocal and convincing evidence.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

Court

• United States Second Circuit

Counsel