What is the test for alleging denial of due process in an immigration case?

MultiRegion, United States of America

The following excerpt is from Familia v. Holder, 14-1181-ag (2nd Cir. 2015):

However, "[p]arties claiming denial of due process in immigration cases must, in order to prevail, allege some cognizable prejudice fairly attributable to the challenged process." Id. at 149 (internal quotation marks and citations omitted). "[W]hen an alien declines to challenge at the agency level the findings that support reinstatement of a prior order of removal, he has no grounds to complain in court that the reinstatement procedures deprived him of the due process of

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law." Miller v. Mukasey, 539 F.3d 159, 164 (2d Cir. 2008).

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