Criminal Defense of Immigrants
Chapter
§ 15.26 3. Burdens of Proof, Categorical Analysis, and Evidence
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Since immigration proceedings are considered civil, rather than criminal, and are administrative,[262] the criminal rules on burdens of proof and evidence do not apply. Rather, who bears the burden of proof, and the types of evidence that may be submitted are determined by the INA, the regulations, and caselaw.
[262] See § 15.10, supra.
