What is the test for giving an illegal alien an opportunity to cross-examine during a deportation hearing?

MultiRegion, United States of America

The following excerpt is from Mroczka v. U.S. I.N.S., 990 F.2d 1259 (9th Cir. 1993):

In deportation proceedings, aliens must be given "a reasonable opportunity ... to cross-examine witnesses presented by the government." 8 U.S.C. 1252(b)(3). Denial of this statutory right may constitute a violation of the constitutional guarantee of due process if the prejudice to the alien is substantially great. Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988).

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