Immigration · Primary-source case analysis

Woodby: Deportability Requires Clear, Unequivocal, and Convincing Evidence

By Aneeta Mishra and Timothy Chan

Published May 17, 2026

Woodby v. Immigration and Naturalization Service set the evidentiary burden for administrative deportation proceedings under the statutory scheme then in force.

Deportation imposes a severe consequence

Although formally civil, removal can deprive a person of home, livelihood, and long-established community ties.

A preponderance was insufficient

The gravity of the consequence required more dependable proof than the ordinary civil balance-of-probabilities standard.

The government carried the burden

No deportation order could rest on the charged facts unless the evidence was clear, unequivocal, and convincing.

The standard governs facts establishing removability

Discretionary relief and collateral issues may involve different allocations or standards and should be analyzed separately.

Key takeaways

• Identify every element of the charged removal ground.
• Test the government’s proof against the heightened standard.
• Challenge ambiguity, hearsay, and unreliable records.
• Separate removability from eligibility for discretionary relief.