Baswell Francis v. Alberto Gonzales, Attorney General of the United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that foreign police report was admissible, but not “clear and convincing evidence,” and noting preference for documents from courts rather than law enforcement
• holding that, when seeking to deport an LPR because a criminal conviction rendered her inadmissible at the time her status was adjusted, the government must prove the conviction by “clear, unequivocal and convincing evidence
• noting that “[t]he applicable definition of ‘conviction’ was narrower [prior to Congress’ intervention] than it is today”
• noting that “Congress subsequently indicated its 20 dissatisfaction with the Ozkok test when it amended the INA to 21 change the definition of conviction in 1996”
• stating that rap sheets may be admissible but “will 7 usually fail to rise to the level of clear and convincing 8 evidence” of a conviction and “do not necessarily emanate 9 from a neutral, reliable source”
• finding a Jamaican police report admissible but insufficient by itself to prove the existence of a conviction

Source: CourtListener parenthetical corpus (CC0).