DUE PROCESS IN IMMIGRATION PROCEEDINGS Table of …

February 2021 E-i DUE PROCESS IN IMMIGRATION PROCEEDINGS Table of Contents I. DUE PROCESS .. 1 A. Generally .. 1 B. Prejudice Requirement .. 4 1. Presumption of Prejudice .. 7 C. Exhaustion Requirement .. 8 D. Discretionary Decisions ..10 E. Examples ..11 1. Notice to Appear ..11 2. Notice of Hearing ..12 3. Hearing Date ..14 4. Right to a Neutral Fact-Finder ..14 5. Pressure to Withdraw Application ..16 6. Apparent Eligibility for Relief ..16 7. Explanation of Procedures ..18 8. Exclusion of Evidence or Testimony ..18 9. Exclusionary Rule and Admission of Evidence ..20 10. Notice of Classified Evidence ..21 11. Right to Confront and Cross-Examine Witnesses ..21 a. Opportunity to Examine and Rebut Evidence ..23 12. Production of Documents ..24 13. New Country of Deportation ..24 14. Right to Translation ..24 15. Administrative Notice of Facts ..25 16. Right to 17. Ineffective Assistance of Counsel ..29 18. Waiver of Appeal ..33 February 2021 E-ii 19. Right to File Brief.

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 Grigoryan v. Barr

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