Posted by Hugo Valverde | Mar 12, 2021 |
We are used to hearing “innocent until proven guilty” suggesting that the government has the burden of proving a defendant’s guilt. This is in the criminal context. However, this is not always the case in deportation proceedings which are considered civil proceedings.
At least, that’s what the Supreme Court (SCOTUS) communicated this last week when it decided in Pereida v. Wilkinson that an undocumented immigrant has the burden to prove that a criminal conviction does not make him ineligible to have his deportation canceled. Read our latest blog to learn about the ruling and its impact.