this case, once the prosecution establishes that the respondent is an alien, the burden of proof is on the respondent to demonstrate that he/she is in lawful status in the United States. Admitted Aliens: This refers to aliens who were admitted lawfully. Here, the legal burden of proof of removability falls on the prosecution. Regardless of the category, if the alien is claiming any relief from removal (such as asylum or cancellation of removal) the legal burden of proof for demonstrating eligibility for that relief falls on the alien. Availability of a defending lawyer For criminal proceedings in the United States (and in most other countries), the state has a responsibility to provide a public defender for the accused. However, removal proceedings are not criminal proceedings, and the state does not provide a public defender or compensate the respondent for the costs of an attorney. Respondents are allowed to defend themselves without the help of an attorney. However, most immigration courts have set up programs where pro bono (free, volunteer) attorneys are available on the day of the master calendar hearing. The pro bono attorney helps the respondent in the following ways: The pro bono attorney speaks on behalf of the respondent in court. The pro bono attorney helps the respondent determine how to respond to each of the charges in the NTA. The pro bono attorney helps the respondent determine whether to claim eligibility for relief from removal (such as asylum or cancellation of removal) If the respondent's situation is complicated, the pro bono attorney may request a continuance on the respondent's behalf, so that the respondent can secure an attorney. The pro bono attorney does not typically continue to represent the respondent for the merits hearing. Rather, the respondent is expected to find (and pay for) an attorney by that time. How appeals work Immigration decisions may be appealed by either side with the Board of Immigration Appeals. However, the BIA does not generally accept new evidence regarding the original case, but instead, simply aims to determine whether the previous court made an incorrect judgment based on the law or the facts available to it at that time. It is therefore critical that all the arguments and facts be presented in the original removal proceeding. BIA appeals are generally handled through paper, with physical hearings very rare. Beyond the BIA, decisions may be appealed in the United States