BIA Decision Banality: Matter of Mercado-Martinez

The Board decided Matter of Mercado-Martinez, 29 I&N Dec. 529 (BIA 2026) today, March 26, 2026.

In this case the immigration judge concluded that the Form I-213, Record of Deportable/Inadmissible Alien, did not satisfy ICE's burden of proof to show that the respondent was in fact an alien by clear and convincing evidence. On appeal, ICE asserted that the immigration judge improperly concluded that the Form I-213 was not reliable.

The Board, in its infinite wisdom, concluded that:

However, in the present case, the Immigration Judge has not identified, and respondent has not presented, evidence—including documentation—that contradicts any material information in the Form I-213...Where DHS presents probative and reliable evidence to meet its burden of establishing alienage, the respondent is required to either rebut such evidence of alienage or demonstrate the date, place, and manner of his entry. See 8 C.F.R. § 1240.8(c).

Thus, the Board concluded that the immigration judge "erred in finding that DHS [ICE] did not prove the respondent's alienage by clear and convincing evidence of record." Id. at 531.