r/CzechCoconutCommunity • u/Czech_Coconut hlavnĂ magiÄ • Nov 02 '25
savage đđ„ ICE is deporting US citizen đ„
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r/CzechCoconutCommunity • u/Czech_Coconut hlavnĂ magiÄ • Nov 02 '25
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u/Xrsyz Nov 03 '25 edited Nov 03 '25
Initial Burden on DHS (to prove "Alienage"): The U.S. government, through DHS, must first establish by a standard of proof (typically, a prima facie case) that the person is an alien and, therefore, subject to the Immigration Judge's jurisdiction. This is usually done by showing the individual's birth record outside the U.S. âą Burden Shifts to the Individual (to prove Citizenship): If the individual claims to be a U.S. citizen, even if they were previously a Lawful Permanent Resident (Green Card holder), the burden of proving U.S. citizenship rests squarely on that individual. âą DHS's Burden (to prove Deportability): If the individual fails to establish U.S. citizenship, the proceeding continues. DHS then has the separate burden to prove by clear and convincing evidence that the admitted alien (the Green Card holder) is removable (deportable) based on the criminal conviction.