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Immigration Law

CA8 on Evidence, Due Process: Patel v. Sessions

Patel v. Sessions, Aug. 22, 2017 - "We conclude that the BIA erred in affirming the IJ’s admission of Nilesh’s affidavit and the USCIS report without granting Patel’s request for a subpoena or otherwise providing Patel the opportunity to cross-examine Nilesh. This error was prejudicial and rendered Patel’s removal hearing fundamentally unfair.

... The BIA’s reliance on § 1182(a)(6)(C)(i)’s mandate of inadmissibility for fraud in a case devoid of even an accusation of fraud fails to provide a rational explanation for its decision to decline Patel’s motion for remand. Guled, 515 F.3d at 882. The BIA abused its discretion in denying Patel’s motion for remand. ... We grant Patel’s petition for review and remand for further proceedings consistent with this opinion."

[Hats off to Scott Eric Bratton!]