United States Seventh Circuit

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SANDOVAL v. IMMIGRATION & NATURALIZATION SERV., 99-3158

When the INS has a duty to establish facts supporting deportability "by clear, unequivocal and convincing evidence," it is reversible error for the Immigration Judge to incorrectly placed the burden of proof on the petitioner, and the INS failure to meet it's own burden of proof will not support deportation under Section 241(a)(2)(B)(i) of the Immigration and Nationality Act.

Appellate Information

  • Decided 02/12/2001
  • Published 02/12/2001

Judges

  • KANNE, Circuit Judge., Before POSNER, COFFEY, and KANNE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Susan Compernolle (Argued), Rubman & Compernolle, Chicago, IL, for Petitioner.

  • For Appellees:
  • Samuel Der-Yeghiayan, Immigration & Naturalization Service, Chicago, IL, Robert L. Bombaugh (Argued), Department of Justice, Civil Division, Immigration Litigation, Washington DC, for Respondent.