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Politics : The Trump Presidency -- Ignore unavailable to you. Want to Upgrade?

To: Wharf Rat who wrote (79441)	6/25/2018 10:08:50 AM
From: Wharf Rat	Respond to of 362322

DUE PROCESS IN IMMIGRATION PROCEEDINGS I. DUE PROCESS A. Generally “Immigration proceedings, although not subject to the full range of constitutional protections, must conform to the Fifth Amendment’s requirement of due process.” Salgado-Diaz v. Gonzales, 395 F.3d 1158, 1162 (9th Cir. 2005) (as amended); see also Gonzaga-Ortega v. Holder, 736 F.3d 795, 804 (9th Cir. 2013) (as amended); Vilchez v. Holder, 682 F.3d 1195, 1199 (9th Cir. 2012); United States v. Reyes-Bonilla, 671 F.3d 1036, 1045 (9th Cir. 2012); Pangilinan v. Holder, 568 F.3d 708, 709 (9th Cir. 2009) (order). “A full and fair hearing is one of the due process rights afforded to aliens in deportation proceedings. … A court will grant a petition on due process grounds only if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case.” Gutierrez v. Holder, 662 F.3d 1083, 1091 (9th Cir. 2011) (citations and quotation marks omitted); see also Rizo v. Lynch, 810 F.3d 688, 693 (9th Cir. 2016); Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002); Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (“[A]n alien who faces deportation is entitled to a full and fair hearing of his claims and a reasonable opportunity to present evidence on his behalf.”). Removing an alien from the United States without any procedural safeguards of a formal hearing may result in a due process violation. cdn.ca9.uscourts.gov