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DHS' Burden to Prove Alienage is by "Clear, Unequivocal and Convincing Evidence"The First Circuit has determined that Homeland Security must prove alienage by "clear, unequivocal, and convincing” evidence, and that this standard is higher than “clear and conv...

APPENDIXSection 101 of the REAL ID Act of 2005, PL 109–13, 119 Stat. 231, 302–06 (boldface added to section and subsection headings):SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM REMOVAL.“(B) BURDEN OF PROOF.—“(i) IN GENERAL.—The burden of proof i...