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

Espionage Deportability Does Not Require a Conviction Under Matter of Luis

Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. This page focuses on the charge, proof, incorporated definitions, relief consequences, and preservation.

Reviewed by Peter Messersmith September 18, 2026

Direct Answer

Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis also holds that a criminal conviction for an espionage-related offense is not required. The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute.

Core Rule

Luis foreign-spy instruction doctrine core rule applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief.

Luis foreign-spy instruction doctrine core rule applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings.

Luis foreign-spy instruction doctrine core rule applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling.

Luis foreign-spy instruction doctrine core rule applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence.

Statutory Text

Luis foreign-spy instruction doctrine statutory text applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection.

Luis foreign-spy instruction doctrine statutory text applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence.

Luis foreign-spy instruction doctrine statutory text applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently.

Luis foreign-spy instruction doctrine statutory text applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date.

Elements

Luis foreign-spy instruction doctrine elements applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources.

Luis foreign-spy instruction doctrine elements applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof.

Luis foreign-spy instruction doctrine elements applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding.

Luis foreign-spy instruction doctrine elements applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately.

Charging Theory

Luis foreign-spy instruction doctrine charging theory applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct.

Luis foreign-spy instruction doctrine charging theory applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct.

Luis foreign-spy instruction doctrine charging theory applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections.

Luis foreign-spy instruction doctrine charging theory applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof.

Burden

Luis foreign-spy instruction doctrine burden applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution.

Luis foreign-spy instruction doctrine burden applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling.

Luis foreign-spy instruction doctrine burden applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels.

Luis foreign-spy instruction doctrine burden applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause.

Evidence

Luis foreign-spy instruction doctrine evidence applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief.

Luis foreign-spy instruction doctrine evidence applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings.

Luis foreign-spy instruction doctrine evidence applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling.

Luis foreign-spy instruction doctrine evidence applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence.

Respondent Position

Luis foreign-spy instruction doctrine respondent position applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection.

Luis foreign-spy instruction doctrine respondent position applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence.

Luis foreign-spy instruction doctrine respondent position applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently.

Luis foreign-spy instruction doctrine respondent position applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date.

DHS Position

Luis foreign-spy instruction doctrine dhs position applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources.

Luis foreign-spy instruction doctrine dhs position applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof.

Luis foreign-spy instruction doctrine dhs position applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding.

Luis foreign-spy instruction doctrine dhs position applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately.

Judge Findings

Luis foreign-spy instruction doctrine judge findings applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct.

Luis foreign-spy instruction doctrine judge findings applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct.

Luis foreign-spy instruction doctrine judge findings applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections.

Luis foreign-spy instruction doctrine judge findings applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof.

Conduct or Conviction

Luis foreign-spy instruction doctrine conduct or conviction applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution.

Luis foreign-spy instruction doctrine conduct or conviction applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling.

Luis foreign-spy instruction doctrine conduct or conviction applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels.

Luis foreign-spy instruction doctrine conduct or conviction applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause.

Actor Status

Luis foreign-spy instruction doctrine actor status applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief.

Luis foreign-spy instruction doctrine actor status applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings.

Luis foreign-spy instruction doctrine actor status applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling.

Luis foreign-spy instruction doctrine actor status applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence.

Asylum Effect

Luis foreign-spy instruction doctrine asylum effect applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection.

Luis foreign-spy instruction doctrine asylum effect applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence.

Luis foreign-spy instruction doctrine asylum effect applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently.

Luis foreign-spy instruction doctrine asylum effect applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date.

Withholding and CAT

Luis foreign-spy instruction doctrine withholding and cat applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources.

Luis foreign-spy instruction doctrine withholding and cat applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof.

Luis foreign-spy instruction doctrine withholding and cat applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding.

Luis foreign-spy instruction doctrine withholding and cat applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately.

Appeal Preservation

Luis foreign-spy instruction doctrine appeal preservation applies this rule: The removal record should focus on the conduct and federal law identified by DHS. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct.

Luis foreign-spy instruction doctrine appeal preservation applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct.

Luis foreign-spy instruction doctrine appeal preservation applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections.

Luis foreign-spy instruction doctrine appeal preservation applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof.

Checklist

Luis foreign-spy instruction doctrine checklist applies this rule: The categorical approach should not be assumed to govern a conduct-based security ground. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution.

Luis foreign-spy instruction doctrine checklist applies this rule: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage. Luis foreign-spy instruction doctrine should state the alleged conduct. Luis foreign-spy instruction doctrine should separate suspicion from proof. Luis foreign-spy instruction doctrine should test each element independently. Luis foreign-spy instruction doctrine should cite the source evidence. Luis foreign-spy instruction doctrine should challenge unreliable attribution. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling.

Luis foreign-spy instruction doctrine checklist applies this rule: Luis also holds that a criminal conviction for an espionage-related offense is not required. Luis foreign-spy instruction doctrine should separate group status from conduct. Luis foreign-spy instruction doctrine should identify any knowledge finding. Luis foreign-spy instruction doctrine should record the activity date. Luis foreign-spy instruction doctrine should separate removability from relief. Luis foreign-spy instruction doctrine should request a burden ruling. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels.

Luis foreign-spy instruction doctrine checklist applies this rule: The respondent in Luis was removable because qualifying conduct violated a United States espionage-related statute. Luis foreign-spy instruction doctrine should preserve evidence objections. Luis foreign-spy instruction doctrine should identify exemption authority separately. Luis foreign-spy instruction doctrine should state remaining protection. Luis foreign-spy instruction doctrine should obtain reviewable findings. Luis foreign-spy instruction doctrine should avoid conclusory labels. Luis foreign-spy instruction doctrine should compare charge and proof. Luis foreign-spy instruction doctrine should document information sources. Luis foreign-spy instruction doctrine should address contrary evidence. Luis foreign-spy instruction doctrine should request a clause-specific ruling. Luis foreign-spy instruction doctrine should identify the incorporated clause.

Primary Legal Authorities and Sources

Matter of Luis, 22 I&N Dec. 747 (BIA 1999) BIA precedent that the espionage ground does not require a conviction or completed espionage act.
EOIR BIA Precedent Chart D-I Official EOIR precedent index for foreign-policy and espionage cases.
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).
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 Matter of Luis espionage deportability no conviction?

Luis foreign-spy instruction doctrine: Matter of Luis holds that the espionage-related deportability provision does not require proof of a completed act of espionage.

Does Matter of Luis espionage deportability no conviction require a conviction?

Luis foreign-spy instruction doctrine requires reading the exact clause. Several security grounds are conduct based.

What burden applies to Matter of Luis espionage deportability no conviction?

Luis foreign-spy instruction doctrine remains within DHS's clear-and-convincing removability burden.

Can Matter of Luis espionage deportability no conviction affect asylum?

Luis foreign-spy instruction doctrine can overlap with separate asylum and withholding bars.

What evidence matters for Matter of Luis espionage deportability no conviction?

Luis foreign-spy instruction doctrine requires evidence tied to the specific statutory element and source.

How is Matter of Luis espionage deportability no conviction preserved for appeal?

Luis foreign-spy instruction doctrine should produce findings on clause, burden, evidence, conduct, and relief effect.

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