context: First, the government bears the initial burden of showing "an offer of permanent resident status, citizenship, or some other type of permanent resettlement" such that the firm resettlement bar applies and the burden shifts to the alien to rebut it.
citation_a.signal: see
citation_a.identifier: 359 F.3d 50, 50-51
citation_a.parenthetical: noting that the government bears the initial burden of showing firm resettlement
citation_a.sentence: See, e.g., Sall, 437 F.3d at 233-34 (noting that the IJ misstated the burden of proof by putting it on the applicant before the government established a prima facie case of firm resettlement); Diallo, 381 F.3d at 693 (holding that after the government meets its initial burden of demonstrating firm resettlement, the asylum-seeker may rebut the presumption by presenting evidence to the contrary or show that he falls within one of the two exceptions in § 208.15(a) and (b)); Salazar, 359 F.3d at 50-51 (noting that the government bears the initial burden of showing firm resettlement); Abdille, 242 F.3d at 491 (holding that “[u]n-der the regulations, the INS bears the initial burden of producing evidence that indicates that the firm resettlement bar applies, and, should the INS satisfy this threshold burden of production, both the burden of production and the risk of non-persuasion then shift to the applicant to demonstrate, by a preponderance of the evidence, that he or she had not firmly resettled in another country”); Mussie, 172 F.3d at 332 (holding that “[o]nce the INS met its burden of introducing some evidence indicating that[petitioner] had been ‘firmly resettled’ in Germany, [the petitioner] bore the burden of demonstrating, by a preponderance of the evidence, that she had not been resettled”); see also Abdalla, 43 F.3d at 1399 (holding that once the government presents some evidence indicating that asylum is unavailable on the grounds of firm resettlement, the petitioner bears the burden of proving that such ground does not apply).
citation_b.signal: see also
citation_b.identifier: 43 F.3d 1399, 1399
citation_b.parenthetical: holding that once the government presents some evidence indicating that asylum is unavailable on the grounds of firm resettlement, the petitioner bears the burden of proving that such ground does not apply
citation_b.sentence: See, e.g., Sall, 437 F.3d at 233-34 (noting that the IJ misstated the burden of proof by putting it on the applicant before the government established a prima facie case of firm resettlement); Diallo, 381 F.3d at 693 (holding that after the government meets its initial burden of demonstrating firm resettlement, the asylum-seeker may rebut the presumption by presenting evidence to the contrary or show that he falls within one of the two exceptions in § 208.15(a) and (b)); Salazar, 359 F.3d at 50-51 (noting that the government bears the initial burden of showing firm resettlement); Abdille, 242 F.3d at 491 (holding that “[u]n-der the regulations, the INS bears the initial burden of producing evidence that indicates that the firm resettlement bar applies, and, should the INS satisfy this threshold burden of production, both the burden of production and the risk of non-persuasion then shift to the applicant to demonstrate, by a preponderance of the evidence, that he or she had not firmly resettled in another country”); Mussie, 172 F.3d at 332 (holding that “[o]nce the INS met its burden of introducing some evidence indicating that[petitioner] had been ‘firmly resettled’ in Germany, [the petitioner] bore the burden of demonstrating, by a preponderance of the evidence, that she had not been resettled”); see also Abdalla, 43 F.3d at 1399 (holding that once the government presents some evidence indicating that asylum is unavailable on the grounds of firm resettlement, the petitioner bears the burden of proving that such ground does not apply).