Decision date: 2018-12-06

Holding that, in proving Petitioner's removability based on his commission of a crime involving moral turpitude within five years of his admission to the United States, the Department of Homeland Security (DHS) had the burden of affirmatively establishing date of Petitioner's admission by clear and convincing evidence, and DHS failed to establish that Petitioner committed crime within five years of his admission.

Publication Status: Published

Case judge: Diaz, Floyd, Niemeyer

Decision: Mauricio-Vasquez v. Whitaker, 910 F.3d 134 (4th Cir. 2018)