The following excerpt is from Ahmed v. Holder, 624 F.3d 150 (2nd Cir. 2010):
Under INA 240(b)(4)(B), 7 an alien must be afforded a reasonable opportunity to present evidence on his own behalf. 8 U.S.C. 1229a(b)(4)(B); see also Augustin v. Sava, 735 F.2d 32, 36 (2d Cir.1984) ( [A]n alien who seeks entry is entitled to a hearing before an Immigration Judge on the validity of his application. At the hearing the alien has the right to present evidence, to cross-examine witnesses, and to examine and object to evidence offered against him.). Decisions regarding the appropriate conduct of a hearing and the submission of evidence are committed to the discretion of the immigration judge. See 8 C.F.R. 1240.1(c).
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