Safe Havens

In deportation proceedings, the government bears the burden of proving, by clear, convincing, and unequivocal evidence, every element of the ground of deportation.  See § 5.24, infra.  In addition, because of the serious nature of the consequence of deportation, the noncitizen enjoys the benefit of every reasonable doubt concerning the meaning of the statute.  See § 5.25, infra.  The combination of these two rules means that any doubt, lack of clarity, or ambiguity as to whether the government has proven every fact necessary to establish a ground of deportation will result in a finding that the noncitizen is not deportable.