Due Process in Immigration Proceedings
What is Due Process?
Due process is one of the seminal principles in immigration law. Due process in immigration proceedings is guaranteed by the Fifth Amendment of the United States Constitution. The Fifth Amendment guarantees a fair hearing to immigrants in removal proceedings. A violation is consequential and could lead to the termination of proceedings, the reopening of proceedings, or the dismissal of the Notice to Appear.
An immigrant must have a liberty interest that is protected for the Due Process violation to occur. Valencia-Alvarez v. Gonzales, 469 F.3d 1319, 1330 n.13 (9th Cir. 2006). If the immigrant is ineligible for the relief sought, there will be no Due Process violation. Id. The denial of discretionary relief, by itself, without prejudice, would not be deemed a violation. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir. 2008).
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