What is the current state of the law with respect to procedural errors by the Department of Justice?
MultiRegion, United States of America
The following excerpt is from Sanchez v. Sessions, No. 14-71768 (9th Cir. 2018):
Rajah, 544 F.3d at 447. For this rare subset of cases, simply remanding for a new hearing or for further proceedings will be insufficient because the agency's violations predate any hearing. Only full termination of the proceedings without prejudice can "effectively cure[] any procedural defect by putting the parties into the position they would have been had no procedural error taken place." Batanic v. INS, 12 F.3d 662, 667 (7th Cir. 1993).
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