BIA Affirms IJ Termination where DHS Failed to Prove Alienage

The Board of Immigration Appeals has determined that where neither the respondent nor the Department of Homeland Security (DHS) appears at the hearing and DHS does not present evidence of removability in advance of the hearing, the Immigration Judge does not err in terminating proceedings without prejudice.

The full text of Matter of Tepec-Garcia can be found here: https://www.justice.gov/eoir/media/1421526/dl?inline

First Circuit Applies "Clear, Unequivocal, and Convincing" Standard to Alienage

The First Circuit has determined that Homeland Security must prove alienage by "clear, unequivocal, and convincing” evidence, and that this standard is higher than “clear and convincing” evidence.

The full text of Rosa v. Bondi can be found here:

https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1240P-01A.pdf

An amended decision can be found here:

https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/24-1240P2-01A.pdf