Who bears the burden of proof if an alien is charged under INA 212?

• A. The immigration judge
• B. The government
• C. The alien
• D. The asylum officer

Answer: (C)

In cases where an alien is charged under Section 212 of the Immigration and Nationality Act (INA), the burden of proof lies with the alien. This means that the individual facing the charge must provide sufficient evidence to demonstrate that they are eligible for relief from removal or that they meet all necessary criteria to remain in the United States.

This burden of proof is significant because it requires the alien to present credible testimony, documentation, and any other relevant information to substantiate their claims regarding their immigration status or eligibility for waivers. It illustrates the principle in immigration law that the person seeking relief or benefit must prove their case.

In contrast, the immigration judge, the government, and the asylum officer do not hold the burden of proof in these situations; instead, their roles involve evaluating the evidence presented, making legal determinations, and ensuring that the proceedings follow due process. The alien's responsibility to meet this burden is a core aspect of the adjudicative process under the INA when it comes to charges of inadmissibility.