- • Burden of Proof: clearly and beyond a doubt entitled to be admitted
- Many of the grounds of inadmissibility (and deportability) have waivers
- Inadmissibility grounds are interpreted more broadly (deportability grounds are viewed more narrowly with "tighter" interpretation)
- The procedural rights available to an individual will vary depending on where a person is in the process.
- "Due Process" rights do not apply while seeking admission, or may vary depending on where in process, probably only have rights by statute, not Constitution.
- Once admitted, one has more rights.
- Protection status foggy for those in country illegally.
- These provisions are applied or interpreted by Immigration and Customs Enforcement (ICE). Citizenship & Immigration Services (USCIS), consular officers, immigration judges, the Board of Immigration Appeals, and federal judges reviewing these decisions.
Class notes and materials by a law student for law students.