What is the test for granting a motion for review on the basis of a due process violation?

MultiRegion, United States of America

The following excerpt is from Aguirre v. Garland, 20-70396 (9th Cir. 2021):

The petitioners are not entitled to relief on the basis of a due process violation. We grant a petition for review based on a due process violation "if (1) the proceeding was so fundamentally unfair that the [petitioner] was prevented from reasonably presenting his case, and (2) the [petitioner] demonstrates prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation." Ibarra-Flores v. Gonzales, 439 F.3d 614, 620-21 (9th Cir. 2006) (internal citations and quotations omitted).

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