Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

What is the burden of proof in U.S. denaturalization cases?

On Behalf of | Mar 27, 2024 | Immigration |

Denaturalization is the process by which a person loses their citizenship. It involves the U.S. government meeting a high burden of proof.

The government must use clear and convincing evidence to show that the individual obtained their citizenship unlawfully or through fraud.

Standard of proof

The standard of proof in denaturalization cases is higher than in typical civil cases. The burden of proof in civil cases is usually a preponderance of the evidence. However, denaturalization cases require clear and convincing evidence. The government must present evidence that is highly and substantially more probable to be true than not.

Fraudulent procurement

One of the primary grounds for denaturalization is the fraudulent procurement of citizenship. This happens when an individual provides false or misleading information during the naturalization process. Examples include lying about their identity, criminal history or immigration status. To succeed in a denaturalization case based on fraudulent procurement, the government must prove that the individual knowingly and willfully misrepresented material facts.

Procedural safeguards

Individuals facing denaturalization proceedings should get due process under the law. This includes the right to learn about the charges against them, the right to present evidence and witnesses in their defense, and the right to a fair and impartial hearing.

Consequences of denaturalization

If the government proves its case and a court orders denaturalization, the individual loses their citizenship and may face deportation or other immigration consequences. Denaturalization can also result in the loss of certain rights and privileges, such as the ability to vote or hold public office.

Understanding the burden of proof and the potential consequences of denaturalization is important for anyone involved in such proceedings.



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