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Ninth Circuit· 8/3/2007

Vargas-Hernandez v. Gonzales

Citations

  • 497 F.3d 919
  • 2007 U.S. App. LEXIS 18590
  • 2007 WL 2215796

How courts have described this case

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

  • concluding no due process violation where the noncitizen failed to show that “the IJ had a deep-seated favoritism or antagonism that would make fair judgment impossible”
  • explaining that “[w]here [a noncitizen] has committed a particularly grave criminal offense, he may be required to make a heightened showing that his case presents unusual or outstanding equities”
  • requiring a petitioner alleging IJ bias to show that the IJ harbored a “deep-seated favoritism or antagonism that would make fair judgment impossible”
  • no prejudice where petitioner could not show the IJ would have reached a different result regarding discretionary relief
  • “Where an alien is given a full and fair opportunity . . . to present testimony and other evidence in support of the application, he or she has been provided with due process.”
  • no due process violation when alien was given a full and fair opportunity to be represented by counsel, prepare her relief application and present testimony and evidence in support of her' application

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Callahan, Robart

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.