Tooby's California Post-Conviction Relief for Immigrants

(C)

Burden of Proof.  Generally, the DHS bears the burden of proving, by clear and convincing evidence, that the noncitizen is subject to a ground of deportation.[28]  The burden of showing whether a noncitizen has been convicted of an aggravated felony may shift if the noncitizen is applying for a form of relief from removal that is barred to aggravated felons.[29]  In any case, if the client is or may be also subject to the grounds of inadmissibility, whether because of travel or application for adjustment of status, criminal defense counsel may additionally need to avoid a criminal disposition that triggers inadmissibility.  See  § 7.5; Criminal Defense of Immigrants § 18.6.

[28] See Criminal Defense of Immigrants § 17.9.

[29] See Criminal Defense of Immigrants § 15.26.