What is the burden of proving that a deportation order was fundamentally unfair?
MultiRegion, United States of America
The following excerpt is from United States v. Ochoa-Oregel, CASE NO. 16cr1116-BEN (S.D. Cal. 2016):
"To satisfy the third prong that the order was fundamentally unfair the defendant bears the burden of establishing both that the deportation proceeding violated his due process rights and that the violation caused prejudice." United States v. Raya-Vaca, 771 F.3d 1195, 1201-02 (9th Cir. 2014) (citation omitted) (emphasis added). In the case at bar, the Defendant has not carried his burden.
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