Page:United States Statutes at Large Volume 110 Part 4.djvu/755

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-592 "(B) by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission. In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien's visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien's admission or presence in the United States. "(3) BURDEN ON SERVICE IN CASES OF DEPORTABLE ALIENS. — "(A) IN GENERAL.— In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. "(B) PROOF OF CONVICTIONS.— In any proceeding under this Act, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction: "(i) An official record of judgment and conviction. "(ii) An official record of plea, verdict, and sentence. "(iii) A docket entry from court records that indicates the existence of the conviction. "(iv) Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction. "(v) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the State's repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence. "(vi) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction, "(vii) Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institution's authority to assume custody of the individual named in the record. "(C) ELECTRONIC RECORDS.—In any proceeding under this Act, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is— "(i) certified by a State official associated with the State's repository of criminal justice records as an official record from its repository or by a court official from the court in which the conviction was entered as an official record from its repository, and "(ii) certified in writing by a Service official as having been received electronically from the State's record repository or the court's record repository. A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity.