The Department of Homeland Security must prove by clear and convincing evidence that the respondent is an arriving alien. Whether an alien is an “applicant for admission” is answered by reference to the definition at section 101(a)(13). If the Department of Homeland Security proves that the respondent is an arriving alien, the respondent must prove that he/she is clearly and beyond a doubt entitled to be admitted and is not inad-missible under section 212 of the Immigration and Nationality Act. Section 240(c)(2)(A). 8 C.F.R. 1240.8(b).
OR

For Aliens Present without Admission or Parole

The Department of Homeland Security must prove by clear and convincing evidence that the respondent is an alien. Once alienage has been established, the respondent must prove by clear and convincing evidence that he/she is lawfully present in the United States pursuant to a prior admission. Section 240(c)(2)(B). 8 C.F.R. 1240.8(c). To meet this requirement the alien must generally prove the time, place, date, and manner of his/her entry into the United States.
OR

For Admitted Aliens

The Department of Homeland Security must prove by clear and convincing evidence that the respondent is subject to removal as charged. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. Section 240(c)(3)(A).