Peralta Sauceda v. Lynch, 804 F.3d 101 (1st Cir. Oct. 14, 2015) (noncitizen had burden of proof by a preponderance of the evidence to establish he had not been convicted of a crime of domestic violence, even though Maine courts do not maintain records sufficient to show whether he was convicted under the bodily injury prong of the Maine statute, rather than the general assault prong, which does not involve sufficient violence).

NOTE: This case has been reversed on rehearing by Peralta Sauceda v. Lynch, __ F.3d __ (1st Cir. Apr. 22, 2016) (whether a noncitizen is barred from relief is due to a conviction under a divisible statute is a question of law, and therefore not subject to a determination of who bears the burden of proof).