inadmissibility determinations in removal proceedings and custom name colorado rockies baseball shirt believes such matters are more appropriately addressed by DOJ in the context of its public charge rulemaking.
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however, Congress remained silent with respect to the burden and standard of proof required to determine whether an alien is an applicant for admission. custom name colorado rockies baseball shirt The BIA in Matter of Rivens, did not deviate from longstanding case law on this question and affirmed that DHS continues to bear the burden of proving by clear and convincing evidence that a returning lawful permanent resident should be treated as an applicant for admission. This rule does not alter DHS’s burden of proof with respect to the treatment of returning lawful permanent residents as applicants for admission in any way, i.e., the only burden DHS bears is establishing that the retuning lawful permanent resident should be treated as an applicant for admission.
The BIA, in Matter of Rivens, did not reach the issue of who then bears the burden of showing admissibility, or a lack of inadmissibility, once it has been determined that an alien is an applicant for admission. With respect to DACA recipients, DHS notes that an alien is not required to demonstrate that he or she is not inadmissible on the public charge ground when requesting DACA. A DACA recipient would only be subject to this rule when applying for a benefit for which admissibility is required. asylees and refugees who are applying for adjustment of status are not subject to the public charge inadmissibility ground under section 209 of the Act, 8 U.S.C. 1159. Because the rule does not apply to or otherwise impact asylum applicants, asylees, and applicants for asylee or refugee adjustment, the rule does not violate international treaty obligations relating to refugees, to the extent those obligations are applicable. DHS notes that it has no general authority over the EOIR