Legal Opinion
BARCENAS
Board of Immigration Appeals
Decided July 1, 1988No. ID 3054PublishedCited by 52 opinions
1Opinion of the Court
Interim Decision #3054 MATTER OF BARCENAS In Deportation Proceedings A-26783984 Decided by Board March 23, 1988 (1) An alien who raises the claim questioning the legality of evidence must come forward with proof establishing a prima facie case before the Immigration and Naturalization Service will be called upon to assume the burden of justifying the manner in which it obtained evidence. Matter of Burgos,
15 I&N Dec. 278
(BIA 1975), followed. (2) Where an alien wishes to challenge the admissibility of a document, the mere offering of an affidavit is not sufficient to sustain his burden. (3) If…
2Cases cited15 opinions
- Ramon Trias--Hernandez v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1975
- RAMIREZ-SANCHEZBoard of Immigration Appeals · 1980
- Syrous Tashnizi v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1978
- Renate Luise Marlowe v. United States Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1972
- NAMIOBoard of Immigration Appeals · 1973
10 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Oliva-Ramos v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2012
- Maria Yanez-Marquez v. Loretta LynchCourt of Appeals for the Fourth Circuit · 2015
- Sanchez v. SessionsCourt of Appeals for the Ninth Circuit · 2017
- FATAHIBoard of Immigration Appeals · 2016
- Maldonado v. HolderCourt of Appeals for the Second Circuit · 2014
47 more not listed; retrieve them via the Exa API.