Fifth Circuit: Anh Le v. Loretta Lynch

Immigration

Although the government holds the general burden to prove that an offense is of the type that would bar relief from removal, the petitioner has the burden to establish that a legal ambiguity in the definition of the offense disqualifies it as a predicate.  Split with 9 flagged.

Petitioner did not establish offense of conviction in reply.

No error in denial of reconsideration.

http://www.ca5.uscourts.gov/opinions/pub/13/13-60664-CV0.pdf