LEMHAMMAD

Citations

• 20 I. & N. Dec. 316

Syllabus

LEMHAMMAD, 20 I&N Dec. 316 (BIA 1991) ID 3151 (PDF) (1) In a deportationproceeding where the alien is charged with deportability pursuant to section241(a)(9)(B) of the Immigration and Nationality, 8 U.S.C. § 1251(a)(9)(B)(1988), as an alien whose status as a conditional permanent resident hasbeen terminated under section 216(b) of the Act, 8 U.S.C. § 1186a(b)(1988), the burden is on the Immigration and Naturalization Service toshow by a \preponderance of the evidence\ that one of the conditionsfor termination of status described in section 216(b)(1)(A) of the Acthas been met. (2) Original jurisdictionto rule on the merits of an Applicatio n for Waiver of Requirement toFile Joint Petition for Removal of Conditions (Form I-752) rests onlywith the appropriate regional service center director, and not the immigrationjudge.