The Department of Homeland Security presented expert testimony that the respondent served in a special police force during the Bosnian War, in an area of the country where large-scale genocide took place.  The applicant sought a fraud waiver under 237(a)(1)(H) and asylum-related relief.  The Board of Immigration Appeals held that given the expert testimony, the applicant had the burden of proving that the ineligibility bars for participating in extrajudicial killings and genocide did not apply.

The full text of Matter of M-B-C- can be found here: