United States Ninth Circuit

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Mondaca-Vega v. Holder, 03-71369

Petition for review of the district court's finding that petitioner is not a United States citizen is denied, where: 1) the proper standard of review of the findings of fact on petitioner's nationality claim is for clear error; 2) the district court correctly placed the burden on petitioner to prove his citizenship by a preponderance of the evidence, and then properly shifted the ultimate burden of proof to the government to prove by clear and convincing evidence that he was removable; and 3) the district court's finding that petitioner is Salvador Mondaca-Vega, who was born in Mexico and who never became a United States citizen, is not clearly erroneous under the "clear and convincing" standard of proof.

Appellate Information

  • Decided 04/25/2013
  • Published 04/25/2013

Judges

  • GRABER

Court

  • United States Ninth Circuit

Counsel


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