Records of Conviction and the Burden of Proof

Background

IDP, represented by Stanford Law School’s Immigrants’ Rights Clinic, is engaged in litigation before the federal courts of appeals and BIA to ensure that noncitizens are not barred from establishing eligibility for relief from removal or eligibility for lawful status solely because a “record of conviction” is merely ambiguous as to whether the conviction is for a disqualifying offense under immigration law. Under the government’s view, noncitizens could be barred from eligibility for relief or lawful status based on an ambiguous record of conviction–one that fails to conclusively establish a disqualifying conviction–even when relevant conviction documents either do not exist, do not contain necessary information, or simply cannot be accessed. IDP has appeared as amicus curiae and has coordinated litigation on this issue before the BIA and nearly every federal court of appeals. IDP is committed to pursuing fair rulings from the BIA and the courts of appeals on this issue that directly affects many immigrants’ ability to remain in the United States.

Practice Advisories

Amicus Briefs