What is the test for giving an alien an opportunity to present evidence on his own behalf at an immigration hearing?

MultiRegion, United States of America

The following excerpt is from Ahmed v. Holder, 624 F.3d 150 (2nd Cir. 2010):

Under INA 240(b)(4)(B), 7 an alien must be afforded a reasonable opportunity to present evidence on his own behalf. 8 U.S.C. 1229a(b)(4)(B); see also Augustin v. Sava, 735 F.2d 32, 36 (2d Cir.1984) ( [A]n alien who seeks entry is entitled to a hearing before an Immigration Judge on the validity of his application. At the hearing the alien has the right to present evidence, to cross-examine witnesses, and to examine and object to evidence offered against him.). Decisions regarding the appropriate conduct of a hearing and the submission of evidence are committed to the discretion of the immigration judge. See 8 C.F.R. 1240.1(c).

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