Legal Opinion · Dissent

Mr. Budiono v. Loretta E. Lynch

Court of Appeals for the Ninth Circuit

Decided September 21, 2016No. 12-71804Published

1DissentCallahan, Circuit Judge

Our government has the solemn responsibility of protecting the American people from terrorist threats, in addition to implementing our complex' immigration laws. Terrorist threats come from a range of groups and individuals, including violent extremists in the United States and abroad. Accordingly, as part of our country’s counter-terrorism efforts, immigration law provides that where the “evidence •indicates” that an alien may have provided material support to a terrorist group, the alien, not the government, has the burden of proof to show that the terrorism bar does not apply. 8 C.F.R. §…

2Cases cited9 opinions

  1. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  2. Gonzales v. ThomasSupreme Court of the United States · 2006
  3. BRANTIGANBoard of Immigration Appeals · 1966
  4. Fakhry v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  5. Hussain v. MukaseyCourt of Appeals for the Seventh Circuit · 2008

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