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CA3 on Due Process: Serrano-Alberto v. Sessions

June 14, 2017 (1 min read)

Serrano-Alberto v. Sessions, June 12, 2017 - "The Fifth Amendment protects the liberty of all persons within our borders, including aliens in immigration proceedings who are entitled to due process of law — that is, a meaningful opportunity to be heard — before being deported. In this case, we are called upon to clarify our case law and to demarcate the boundaries of the due process owed to aliens in removal hearings. Because we conclude that the Immigration Judge here denied Petitioner this fundamental right by actively preventing him from making his case for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), we will grant the petition for review of the Board of Immigration Appeals’ affirmance and will vacate and remand for rehearing, urging reassignment on remand to a different Immigration Judge."

[Hats off to Zach Nightingale and Alisa Whitfield!]