Roman Agmata Baliza v. Immigration and Naturalization Service

How courts have described this case

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

• finding “troubling” due process violation when government made no effort to locate witness before deportation hearing, despite government’s submission of unsigned note by investigator stating that he could not locate affiant at her last known address
• fundamentally unfair when the government offered hearsay affidavit with no attempt to authenticate or investigate
• admission of absent wife’s affidavit at deportation hearing requires vacation of deportation order where INS did little to secure wife’s presence at hearing “[e]ven if” officer who took affidavit would have testified
• investigator's note saying he went to affiant’s last address and no one knew of affiant's whereabouts, without investigator’s testimony, insufficient evidence of effort when INS should have been aware for a year that it needed to call affiant
• admission of absent wife's affidavit at deportation hearing requires vacation of deportation order where INS did little to secure wife's presence at hearing \[e]ven if\ officer who took affidavit would have testified
• “Administrative proceedings are not . . . bound by strict rules of evidence.”

Source: CourtListener parenthetical corpus (CC0).