Thursday, April 25, 2013

Ninth Circuit -- MONDACA-VEGA V. HOLDER

District court holding as to whether petitioner is an American citizen is reviewable only for clear error.

Burden of production on petitioner to prove citizenship by a preponderance, but the government still bears the ultimate burden of showing non-citizenship.

Dissent: De novo appellate review.  Government must show by clear, unequivocal, and convincing evidence.

MONDACA-VEGA V. HOLDER
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.