CA9 on Due Process: Bondarenko v. Holder

CA9 on Due Process: Bondarenko v. Holder

CA9 Court Staff Summary - "The panel held that the immigration judge violated due process by allowing the government to introduce without prior notice a forensic report concerning a medical document petitioner submitted and by refusing petitioner a continuance to investigate the report. The panel further held that the due process violation caused petitioner prejudice because the IJ’s other grounds for finding petitioner not credible were not supported by substantial evidence and petitioner established past harm rising to the level of persecution." - Bondarenko v. Holder, Oct. 25, 2013.  [Hats off to Vitaly Sigal!]

Editorial: This case exemplifies the extent to which Immigration Court hearings can devolve into 'Kangaroo Courts,' and the extent to which the BIA can abdicate its role and merely rubber-stamp bad decisions.