The BIA has indicated that an Interpol Red Notice is sufficient evidence to indicate that a respondent may have committed a serious nonpolitical crime. In the instant case, DHS submitted an Interpol Red Notice reflecting that a warrant had been issued by the Magistrates Court of San Salvador, for the respondent’s arrest regarding a violation of article 345 of the Salvadoran Penal Code, which proscribes participation in an “illicit organization.” The notice further alleged that the respondent was a hitman for a gang. The BIA concluded that the notice was sufficient to shift the burden to the respondent to prove by a preponderance of the evidence that the serious nonpolitical crime bar does not apply—in other words, to show that there are not serious reasons for believing that he committed a serious nonpolitical crime.
The full text of Matter of W-E-R-B- can be found here:
https://www.justice.gov/eoir/page/file/1256481/download