What is the test for establishing a constitutional violation based on the deportation of a witness?
MultiRegion, United States of America
The following excerpt is from United States v. Okatan, (2nd Cir. 2013):
but accept [the] district court's factual findings unless they are clearly erroneous." United States v. Desena, 287 F.3d 170, 176 (2d Cir. 2002). In order to establish a constitutional violation based on the deportation of a witness, the defendant "must at least make some plausible showing of how [the witness's] testimony would have been both material and favorable to his defense." United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982).
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