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Ramon Sandoval-Vera v. Immigration and Naturalization Service

Ramon SANDOVAL-VERA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Sandoval-Vera v. Immigration & Naturalization Serv., 667 F.2d 792 (9th Cir. 1982)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
February 8, 1982
Docket
No. 81-7229
Judges
Choy, Goodwin, Farris
Citations
667 F.2d 7921982 U.S. App. LEXIS 21994

Opinion — Per Curiam

PER CURIAM:

Ramon Sandoval-Vera, charged with unlawful entry into the United States, was ordered to show cause why he should not be deported. At a hearing on the order, two unauthenticated documents labeled “Information Page,” purporting to show his place of birth, were introduced over Sandoval-Vera’s objection. The Immigration Judge erred in overruling a timely objection to the introduction of the unauthenticated documents.

The burden is on the I.N.S. to prove:

deportability by “clear, unequivocal, and convincing evidence.”

Woodby v. I.N.S., 385 U.S. 276, 277 , 87 S.Ct. 483, 484 , 17 L.Ed.2d 362 (1966); 8 C.F.R. 242.14(a). To prove deportability, the INS must show that the subject of the deportation proceeding is an alien who is deportable under the Immigration and Naturalization Act. As a part of its burden, therefore, the I.N.S. must prove “alienage,”

i.e., that the subject of the proceeding is an alien.

Iran v. I.N.S., 656 F.2d 469, 471 (9th Cir. 1981). The evidence introduced here to prove alienage was inadmissible. The I.N.S. therefore failed to meet this part of its burden.

REVERSED AND REMANDED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1982: 12003: 12011: 119822026peak 1982 · 1

Relies on it most ⓘ

  1. Javier Lopez-Urenda v. John Ashcroft, Attorney General345 F.3d 788 (9th Cir. 2003)
  2. United States v. Yitchak Ijo Perlmuter693 F.2d 1290 (9th Cir. 1982)
  3. Altamirano-Garcia v. Attorney General of United States437 F. App'x 200 (3d Cir. 2011)

Most recent

  1. Altamirano-Garcia v. Attorney General of United States437 F. App'x 200 (3d Cir. 2011)
  2. Javier Lopez-Urenda v. John Ashcroft, Attorney General345 F.3d 788 (9th Cir. 2003)
  3. United States v. Yitchak Ijo Perlmuter693 F.2d 1290 (9th Cir. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Woodby v. Immigration & Naturalization Serv., 385 U.S. 276 (1966) 851
Jamshid Iran v. Immigration & Naturalization Serv., 656 F.2d 469 (9th Cir. 1981) 44

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