Does denial of statutory rights under the Immigration Code of Civil Procedure violate the constitutional guarantee of due process?
MultiRegion, United States of America
The following excerpt is from Estrada-Gutierrez v. I.N.S., 891 F.2d 294 (9th Cir. 1989):
1 If the prejudice to the alien is sufficiently great, denial of these statutory rights may violate the constitutional guarantee of due process. Baires v. INS, 856 F.2d at 91. Here, we find no prejudice; we, therefore, do not reach the constitutional issue.
2 The Immigration Judge stated:
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