What is the test for establishing a violation of due process in an immigration case?

MultiRegion, United States of America

The following excerpt is from Umarov v. Lynch, 14-1114 NAC (2nd Cir. 2015):

Moreover, "[t]o establish a violation of due process, an alien must show that []he was denied a full and fair opportunity to present h[is] claims or that [he was] otherwise deprived ... of fundamental fairness." Burger v. Gonzales, 498 F.3d 131, 134 (2d Cir. 2007) (internal quotation marks and citations omitted). "Parties claiming denial of due process in immigration cases must, in order to prevail, allege some cognizable prejudice fairly attributable to the challenged process." Garcia-Villeda v. Mukasey, 531 F.3d 141, 149 (2d Cir. 2008) (internal quotation marks and citations omitted).

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