Legal Opinion · Dissent
Mondaca-Vega v. Holder
Court of Appeals for the Ninth Circuit
Decided April 25, 2013No. 03-71369Published
1DissentPregerson, Circuit Judge
The Supreme Court has long held that when the priceless right of United States citizenship is at stake, the government must prove its case by clear, unequivocal, and convincing evidence. Integral to the government’s heavy burden of proof, the Supreme Court established that we are required to independently review such cases and must scrutinize the record ourselves in order to safeguard the right of citizenship. Our precedents have faithfully and consistently followed the Supreme Court’s instructions.
On dubious grounds, the majority declares that in Pullman-Standard v. Swint, 456 U.S. 273, 102…
2Cases cited42 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
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