Criminal Defense of Immigrants

(C)  Burden of Proof.  In the deportation context, the government has the burden of proof by clear and convincing evidence that the amount was more than 30 grams.  A record of conviction showing conviction of possession of more than an ounce of marijuana does not meet this standard, since an ounce is 28.5 grams, and the defendant might have been in possession of only 29 grams while still possessing more than one ounce. 

                However, in the case of the INA § 212(h) waiver of inadmissibility, the noncitizen bears the burden to show the amount was less than 30 grams.  A conviction for possession of an ounce (or less) of marijuana should be sufficient.

It is even better if the record of conviction specifically shows that the amount was 30 grams or less of marijuana.