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Court Finds Government Met Its Burden of Proving Petitioner’s Alienage


Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem.

The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.

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