INA §237(a)(1)(B): Present in the United States in Violation of Law
INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. This page addresses the elements, proof, defenses, and related removal consequences.
INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings.
Core Rule
present-law violation analysis starts with core rule. present-law violation controlling rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Statutory Language
present-law violation analysis starts with statutory language. present-law violation controlling rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Elements
present-law violation analysis starts with elements. present-law violation controlling rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
DHS Burden
present-law violation analysis starts with dhs burden. present-law violation controlling rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Respondent Evidence
present-law violation analysis starts with respondent evidence. present-law violation controlling rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Timing
present-law violation analysis starts with timing. present-law violation controlling rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Documents and Records
present-law violation analysis starts with documents and records. present-law violation controlling rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Knowledge or Intent
present-law violation analysis starts with knowledge or intent. present-law violation controlling rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Exceptions or Waivers
present-law violation analysis starts with exceptions or waivers. present-law violation controlling rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Related Removal Grounds
present-law violation analysis starts with related removal grounds. present-law violation controlling rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Relief Consequences
present-law violation analysis starts with relief consequences. present-law violation controlling rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Litigation Strategy
present-law violation analysis starts with litigation strategy. present-law violation controlling rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Immigration Judge Findings
present-law violation analysis starts with immigration judge findings. present-law violation controlling rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
BIA Preservation
present-law violation analysis starts with bia preservation. present-law violation controlling rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Practitioner Checklist
present-law violation analysis starts with practitioner checklist. present-law violation controlling rule is: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation record identifies the charged clause. present-law violation record isolates disputed factual allegations. present-law violation briefing separates law from inference. present-law violation briefing requests a threshold ruling.
present-law violation proof uses primary government records. present-law violation additional rule is: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation proof identifies the relevant date. present-law violation proof identifies the relevant person. present-law violation proof identifies the controlling document. present-law violation proof answers competing evidence directly.
present-law violation litigation keeps the burden explicit. present-law violation preservation rule is: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation litigation distinguishes fact from law. present-law violation litigation requests element-specific findings. present-law violation litigation preserves evidentiary objections promptly. present-law violation litigation records DHS's stated theory.
present-law violation consequences remain separate from relief. present-law violation consequences identify statutory exceptions. present-law violation consequences identify available waivers. present-law violation consequences develop discretion only when relevant. present-law violation consequences require a reasoned decision. present-law violation consequences preserve later appellate review.
Charge Construction
present-law violation charge construction focuses on page-specific proof. present-law violation charge construction applies this proposition: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation charge construction identifies the strongest primary record. present-law violation charge construction identifies the weakest DHS inference.
present-law violation charge construction states the respondent's competing account. present-law violation charge construction tests any statutory timing requirement. present-law violation charge construction tests any knowledge requirement. present-law violation charge construction tests any qualifying relationship.
present-law violation charge construction identifies any independent removal charge. present-law violation charge construction identifies any remaining form of relief. present-law violation charge construction requests an element-by-element ruling. present-law violation charge construction preserves the result for review.
Primary Proof
present-law violation primary proof focuses on page-specific proof. present-law violation primary proof applies this proposition: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation primary proof identifies the strongest primary record. present-law violation primary proof identifies the weakest DHS inference.
present-law violation primary proof states the respondent's competing account. present-law violation primary proof tests any statutory timing requirement. present-law violation primary proof tests any knowledge requirement. present-law violation primary proof tests any qualifying relationship.
present-law violation primary proof identifies any independent removal charge. present-law violation primary proof identifies any remaining form of relief. present-law violation primary proof requests an element-by-element ruling. present-law violation primary proof preserves the result for review.
Alternative Theory
present-law violation alternative theory focuses on page-specific proof. present-law violation alternative theory applies this proposition: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation alternative theory identifies the strongest primary record. present-law violation alternative theory identifies the weakest DHS inference.
present-law violation alternative theory states the respondent's competing account. present-law violation alternative theory tests any statutory timing requirement. present-law violation alternative theory tests any knowledge requirement. present-law violation alternative theory tests any qualifying relationship.
present-law violation alternative theory identifies any independent removal charge. present-law violation alternative theory identifies any remaining form of relief. present-law violation alternative theory requests an element-by-element ruling. present-law violation alternative theory preserves the result for review.
Exception Record
present-law violation exception record focuses on page-specific proof. present-law violation exception record applies this proposition: Relief eligibility remains a separate question even after the removability charge is sustained. present-law violation exception record identifies the strongest primary record. present-law violation exception record identifies the weakest DHS inference.
present-law violation exception record states the respondent's competing account. present-law violation exception record tests any statutory timing requirement. present-law violation exception record tests any knowledge requirement. present-law violation exception record tests any qualifying relationship.
present-law violation exception record identifies any independent removal charge. present-law violation exception record identifies any remaining form of relief. present-law violation exception record requests an element-by-element ruling. present-law violation exception record preserves the result for review.
Relief Interface
present-law violation relief interface focuses on page-specific proof. present-law violation relief interface applies this proposition: INA §237(a)(1)(B) makes deportable an admitted noncitizen who is present in the United States in violation of the INA or another law of the United States. present-law violation relief interface identifies the strongest primary record. present-law violation relief interface identifies the weakest DHS inference.
present-law violation relief interface states the respondent's competing account. present-law violation relief interface tests any statutory timing requirement. present-law violation relief interface tests any knowledge requirement. present-law violation relief interface tests any qualifying relationship.
present-law violation relief interface identifies any independent removal charge. present-law violation relief interface identifies any remaining form of relief. present-law violation relief interface requests an element-by-element ruling. present-law violation relief interface preserves the result for review.
Cross Examination Plan
present-law violation cross examination plan focuses on page-specific proof. present-law violation cross examination plan applies this proposition: The charge is distinct from a charge based specifically on failure to maintain a nonimmigrant classification under INA §237(a)(1)(C)(i). present-law violation cross examination plan identifies the strongest primary record. present-law violation cross examination plan identifies the weakest DHS inference.
present-law violation cross examination plan states the respondent's competing account. present-law violation cross examination plan tests any statutory timing requirement. present-law violation cross examination plan tests any knowledge requirement. present-law violation cross examination plan tests any qualifying relationship.
present-law violation cross examination plan identifies any independent removal charge. present-law violation cross examination plan identifies any remaining form of relief. present-law violation cross examination plan requests an element-by-element ruling. present-law violation cross examination plan preserves the result for review.
Decision Drafting
present-law violation decision drafting focuses on page-specific proof. present-law violation decision drafting applies this proposition: DHS bears the burden to establish deportability by clear and convincing evidence in ordinary section 240 proceedings. present-law violation decision drafting identifies the strongest primary record. present-law violation decision drafting identifies the weakest DHS inference.
present-law violation decision drafting states the respondent's competing account. present-law violation decision drafting tests any statutory timing requirement. present-law violation decision drafting tests any knowledge requirement. present-law violation decision drafting tests any qualifying relationship.
present-law violation decision drafting identifies any independent removal charge. present-law violation decision drafting identifies any remaining form of relief. present-law violation decision drafting requests an element-by-element ruling. present-law violation decision drafting preserves the result for review.
Review Record
present-law violation review record focuses on page-specific proof. present-law violation review record applies this proposition: The factual allegation should identify the legal basis for why the respondent’s current presence violates law rather than merely recite that lawful status has ended. present-law violation review record identifies the strongest primary record. present-law violation review record identifies the weakest DHS inference.
present-law violation review record states the respondent's competing account. present-law violation review record tests any statutory timing requirement. present-law violation review record tests any knowledge requirement. present-law violation review record tests any qualifying relationship.
present-law violation review record identifies any independent removal charge. present-law violation review record identifies any remaining form of relief. present-law violation review record requests an element-by-element ruling. present-law violation review record preserves the result for review.
Primary Legal Authorities and Sources
- 8 U.S.C. §1227 — Deportable Aliens Current INA §237 deportability grounds.
- 8 U.S.C. §1229a — Removal Proceedings Current removal-proceeding burdens and hearing provisions.
- 8 C.F.R. §1240.8 — Burdens of Proof Current burden-of-proof regulation in removal proceedings.
- 8 C.F.R. §214.1 — Requirements for Admission, Extension, and Maintenance of Status Current general nonimmigrant maintenance-of-status regulation.
- 8 C.F.R. §1240.10 — Hearing Current removal-hearing procedure and advisal regulation.
- EOIR BIA Precedent Chart — Removal Grounds and Relief Official EOIR index of relevant BIA precedents on deportability, smuggling, and waivers.
Frequently Asked Questions
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