Daniel Salvador Hernandez-Guadarrama v. John Ashcroft, Attorney General

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Form I-213 did not merit any weight where it merely reiterated the statements of others and was of no independent value
• government may not use affidavit from absent witness unless it establishes that it was unable to present the witness despite reasonable efforts
• “A single affidavit from a self-interested witness not subject to cross-examination simply does not rise to the level of clear, unequivocal, and convincing evidence required to prove deportability.”
• “[T]he constitutional and statutory guarantees of due process require that ‘the government’s choice whether to produce a witness or to use a hearsay statement [not be] wholly unfettered.’”
• “If we conclude that the statute is silent or ambig- uous with respect to the specific issue before us, we must respect the agency’s construction of the statute so long as it is permissible.”
• applying Chevron deference principles to BIA’s construction of section 1227(a)(1)(E)(I)

Source: CourtListener parenthetical corpus (CC0).