Matadin v. Mukasey

*87Judge WALKER concurs in the judgment of the Court and files a separate concurring opinion.

POOLER, Circuit Judge:

This petition to review a decision of the Board of Immigration Appeals (“BIA”) primarily concerns the proper allocation of the burden of proof when determining whether a lawful permanent resident (“LPR”) has abandoned that status. Michelle Amanda Matadin seeks review of a decision of the BIA ordering her removed on the ground that she had abandoned her lawful permanent resident status. Because the agency allocated the burden of proof incorrectly, we remand to the agency for further…