United States Ninth Circuit

In a petition for review of the BIA's denial of petitioner's application for cancellation of removal, the petition is granted where, both before and after the REAL ID Act, including at the time Sandoval-Lua was decided, the burden of proof was, is, and remains on the alien, and thus in this particular respect the REAL ID Act merely codified existing law.

Appellate Information

• Decided 01/04/2011
• Published 01/04/2011

Judges

• Barry G. Silverman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John M. DeStefano, III, Tony West