Aggravated Felonies
§ 1.10 (D)
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(D) The government has the burden of proving deportability by “clear, unequivocal, and convincing evidence.”[53] Thus, if the government proof does not establish which controlled substance was involved, for example, but only that some substance on a state controlled substances list was involved, the government has not met its burden of proof that the substance was in fact on the federal list if the state list includes any substance that the federal list does not.[54]
[53] Woodby v. INS, 385 U.S. 276 (1966).
[54] Matter of Paulus, 11 I. & N. Dec. 274 (BIA 1965).
