Comprehensive Overview of Immigration Law (COIL) Practice Exam

In removal proceedings, who bears the burden of proof if the individual is charged with a ground of inadmissibility?

1. The Department of Homeland Security (DHS)

2. The individual charged with inadmissibility

3. The Immigration Judge

4. The individual's attorney

The correct answer is: The individual charged with inadmissibility

When an individual is charged with a ground of inadmissibility in removal proceedings, the burden of proof lies with the individual charged. This means that the individual must provide evidence or arguments to show that they do not meet the criteria for inadmissibility. The rationale behind this is that the legal framework generally holds individuals accountable for establishing their own eligibility to remain in the country. In these proceedings, the Department of Homeland Security (DHS) may initiate the case and present the grounds for the individual's inadmissibility; however, it is ultimately the responsibility of the individual to refute those claims and demonstrate why they should not be subject to removal. Thus, to be successful, the individual must put forth sufficient evidence or legal arguments in support of their case, indicating their eligibility for relief or adjustment of status. This principle underlies many proceedings in immigration law where the individual has the onus to establish their case against the charges presented.