Hossein Berahmand v. Immigration & Naturalization Service

JAMES M. CARTER, Circuit Judge,

dis-

senting:

The majority appears to have turned the burden of proof around in this case. It is uncontested that at all times prior to the date on which the approval stamp was allegedly placed in the file, the petitioner was an alien in this country on student status. Any alien seeking an adjustment in his status has the burden of proof. 8 C.F.R. § 242.17(d); C. Gordon and H. Rosenfeld, Immigration Law and Procedure, § 7.7f(2) (Rev. ed. 1976). I believe this burden was never met. The judge of the Immigration Service made such a finding in ordering deportation,…