[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.8]

[Page 456]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
                     Subpart A--Removal Proceedings
 
Sec. 240.8  Burdens of proof in removal proceedings.

    (a) Deportable aliens. A respondent charged with deportability shall 
be found to be removable if the Service proves by clear and convincing 
evidence that the respondent is deportable as charged.
    (b) Arriving aliens. In proceedings commenced upon a respondent's 
arrival in the Untied States or after the revocation or expiration of 
parole, the respondent must prove that he or she is clearly and beyond a 
doubt entitled to be admitted to the United States and is not 
inadmissible as charged.
    (c) Aliens present in the United States without being admitted or 
paroled. In the case of a respondent charged as being in the United 
States without being admitted or paroled, the Service must first 
establish the alienage of the respondent. Once alienage has been 
established, unless the respondent demonstrates by clear and convincing 
evidence that he or she is lawfully in the United States pursuant to a 
prior admission, the respondent must prove that he or she is clearly and 
beyond a doubt entitled to be admitted to the United States and is not 
inadmissible as charged.
    (d) Relief from removal. The respondent shall have the burden of 
establishing that he or she is eligible for any requested benefit or 
privilege and that it should be granted in the exercise of discretion. 
If the evidence indicates that one or more of the grounds for mandatory 
denial of the application for relief may apply, the alien shall have the 
burden of proving by a preponderance of the evidence that such grounds 
do not apply.