Blanche v. Lau · ¶31

Nothing in the INA imposes the burden that the Second Circuit recognized. The statute imposes similar burdens in other situations, but not in this one. It imposes the burden on the applicant for admission to prove that he is admissible. §1229a(c)(2)(A). It imposes the burden on an alien seeking to prove that he was previously admitted. §1229a(c)(2)(B). It imposes the burden on the Government to prove that an already-admitted alien is deportable. §1229a(c)(3)(A). But, it nowhere says that the Government has the burden to establish by clear and convincing evidence that the alien is an applicant for admission.

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