What is the test for a full and fair hearing in an immigration case?
MultiRegion, United States of America
The following excerpt is from Jacinto v. INS, 208 F.3d 725 (9th Cir. 2000):
The lack of a full and fair hearing, however, will not alone establish a due process violation. The alien must establish that she suffered prejudice. See Campos-Sanchez v. INS, 164 F.3d at 450. Prejudice is apparent and pervasive in this case as demonstrated by an examination of the Immigration Judge's determinations regarding credibility and by the testimony relating to voluntary departure.
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