Sandoval-Loffredo v. Gonzales, ___ F.3d ___ (8th Cir. July 13, 2005) (petitioner claimed that DHS must show, by clear and convincing evidence that returning lawful permanent falls within exception to INA 101(a)(13)(C); court found that IJ had put burden on DHS in finding petitioner had engaged in alien smuggling, and denied review; court refused to decide whether IJ was correct in placing burden on DHS).
http://caselaw.lp.findlaw.com/data2/circs/8th/041977p.pdf