INA §237(a)(4) Security, Terrorism, Foreign Policy, Atrocity, and Religious Freedom Grounds

INA §237(a)(4)(D): Nazi Persecution and Genocide Deportability

INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). This page focuses on the charge, proof, incorporated definitions, relief consequences, and preservation.

Reviewed by Peter Messersmith September 18, 2026

Direct Answer

INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. The analysis is conduct based and can reach historical participation without a United States conviction.

Core Rule

historical atrocity participation branch core rule applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief.

historical atrocity participation branch core rule applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings.

historical atrocity participation branch core rule applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling.

historical atrocity participation branch core rule applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence.

Statutory Text

historical atrocity participation branch statutory text applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection.

historical atrocity participation branch statutory text applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence.

historical atrocity participation branch statutory text applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently.

historical atrocity participation branch statutory text applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date.

Elements

historical atrocity participation branch elements applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources.

historical atrocity participation branch elements applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof.

historical atrocity participation branch elements applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding.

historical atrocity participation branch elements applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately.

Charging Theory

historical atrocity participation branch charging theory applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct.

historical atrocity participation branch charging theory applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct.

historical atrocity participation branch charging theory applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections.

historical atrocity participation branch charging theory applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof.

Burden

historical atrocity participation branch burden applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution.

historical atrocity participation branch burden applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling.

historical atrocity participation branch burden applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels.

historical atrocity participation branch burden applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause.

Evidence

historical atrocity participation branch evidence applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief.

historical atrocity participation branch evidence applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings.

historical atrocity participation branch evidence applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling.

historical atrocity participation branch evidence applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence.

Respondent Position

historical atrocity participation branch respondent position applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection.

historical atrocity participation branch respondent position applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence.

historical atrocity participation branch respondent position applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently.

historical atrocity participation branch respondent position applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date.

DHS Position

historical atrocity participation branch dhs position applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources.

historical atrocity participation branch dhs position applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof.

historical atrocity participation branch dhs position applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding.

historical atrocity participation branch dhs position applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately.

Judge Findings

historical atrocity participation branch judge findings applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct.

historical atrocity participation branch judge findings applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct.

historical atrocity participation branch judge findings applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections.

historical atrocity participation branch judge findings applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof.

Conduct or Conviction

historical atrocity participation branch conduct or conviction applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution.

historical atrocity participation branch conduct or conviction applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling.

historical atrocity participation branch conduct or conviction applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels.

historical atrocity participation branch conduct or conviction applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause.

Actor Status

historical atrocity participation branch actor status applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief.

historical atrocity participation branch actor status applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings.

historical atrocity participation branch actor status applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling.

historical atrocity participation branch actor status applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence.

Asylum Effect

historical atrocity participation branch asylum effect applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection.

historical atrocity participation branch asylum effect applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence.

historical atrocity participation branch asylum effect applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently.

historical atrocity participation branch asylum effect applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date.

Withholding and CAT

historical atrocity participation branch withholding and cat applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources.

historical atrocity participation branch withholding and cat applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof.

historical atrocity participation branch withholding and cat applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding.

historical atrocity participation branch withholding and cat applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately.

Appeal Preservation

historical atrocity participation branch appeal preservation applies this rule: Older Nazi-persecution precedent emphasizes the objective effect of assistance rather than personal ideological motivation. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct.

historical atrocity participation branch appeal preservation applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct.

historical atrocity participation branch appeal preservation applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections.

historical atrocity participation branch appeal preservation applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof.

Checklist

historical atrocity participation branch checklist applies this rule: The decision should identify the specific incorporated atrocity clause and the acts constituting participation. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause. historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution.

historical atrocity participation branch checklist applies this rule: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E). historical atrocity participation branch should state the alleged conduct. historical atrocity participation branch should separate suspicion from proof. historical atrocity participation branch should test each element independently. historical atrocity participation branch should cite the source evidence. historical atrocity participation branch should challenge unreliable attribution. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling.

historical atrocity participation branch checklist applies this rule: The incorporated statute includes participation in Nazi persecution and participation in genocide as separate grounds. historical atrocity participation branch should separate group status from conduct. historical atrocity participation branch should identify any knowledge finding. historical atrocity participation branch should record the activity date. historical atrocity participation branch should separate removability from relief. historical atrocity participation branch should request a burden ruling. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels.

historical atrocity participation branch checklist applies this rule: The analysis is conduct based and can reach historical participation without a United States conviction. historical atrocity participation branch should preserve evidence objections. historical atrocity participation branch should identify exemption authority separately. historical atrocity participation branch should state remaining protection. historical atrocity participation branch should obtain reviewable findings. historical atrocity participation branch should avoid conclusory labels. historical atrocity participation branch should compare charge and proof. historical atrocity participation branch should document information sources. historical atrocity participation branch should address contrary evidence. historical atrocity participation branch should request a clause-specific ruling. historical atrocity participation branch should identify the incorporated clause.

Primary Legal Authorities and Sources

8 U.S.C. §1227(a)(4) — Security and Related Grounds Current INA §237(a)(4) security and related deportability grounds.
8 U.S.C. §1182(a)(3) — Security and Related Grounds Current terrorism, foreign-policy, and atrocity definitions incorporated into INA §237(a)(4).
EOIR BIA Precedent Chart Official EOIR precedent index.
EOIR BIA Precedent Chart REF-END Official EOIR precedent index for public-security and atrocity cases.
8 C.F.R. §1240.8 — Burdens in Removal Proceedings Current removal and relief burden regulation.
8 C.F.R. §1208.13 — Asylum Eligibility Current asylum regulation and security bars.

Frequently Asked Questions

What is the rule for INA 237(a)(4)(D) Nazi persecution genocide deportability?

historical atrocity participation branch: INA §237(a)(4)(D) makes deportable a person described in the atrocity provisions incorporated from INA §212(a)(3)(E).

Does INA 237(a)(4)(D) Nazi persecution genocide deportability require a conviction?

historical atrocity participation branch requires reading the exact clause. Several security grounds are conduct based.

What burden applies to INA 237(a)(4)(D) Nazi persecution genocide deportability?

historical atrocity participation branch remains within DHS's clear-and-convincing removability burden.

Can INA 237(a)(4)(D) Nazi persecution genocide deportability affect asylum?

historical atrocity participation branch can overlap with separate asylum and withholding bars.

What evidence matters for INA 237(a)(4)(D) Nazi persecution genocide deportability?

historical atrocity participation branch requires evidence tied to the specific statutory element and source.

How is INA 237(a)(4)(D) Nazi persecution genocide deportability preserved for appeal?

historical atrocity participation branch should produce findings on clause, burden, evidence, conduct, and relief effect.

Case Evaluation

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