BARCENAS

Citations

• 19 I. & N. Dec. 609

Syllabus

BARCENAS, 19 I&N Dec. 609 (BIA 1988) ID 3054 (PDF) (1) An alien who raises the claim questioning the legality of evidence must come forward with proof establishing a prima facie case before the Immigration and Naturalization Service will be called upon to assume the burden of justifying the manner in which it obtained evidence. Matter of Burgos, 15 I&N Dec. 278 (BIA 1975), followed. (2) Where an alien wishes to challenge the admissibility of a document, the mere offering of an affidavit is not sufficient to sustain his burden. (3) If the affidavit is such that the facts alleged, if true, could support a basis for excluding the evidence, then the claims must also be supported by testimony.