Does a deportation proceeding infringe an alien's due process rights?

MultiRegion, United States of America

The following excerpt is from Burgos-Abril v. I.N.S., 58 F.3d 475 (9th Cir. 1995):

We review de novo whether deportation proceedings infringed upon an alien's due process rights. Gonzalez-Julio v. INS, 34 F.3d 820, 823 (9th Cir.1994).

An alien has a Fifth Amendment right to due process, including the right to a full and fair hearing in a deportation proceeding. See Cuadras v. INS, 910 F.2d 567, 573 (9th Cir.1990). In general, however, an alien "has been denied a full and fair hearing which due process provides only if the thing complained of causes the alien to suffer some prejudice." Nicholas v. INS, 590 F.2d 802, 809 (9th Cir.1979).

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