Afilio A. Estrada-Gutierrez, Luis B. Estrada-Gutierrez v. Immigration and Naturalization Service

Good Law
891 F.2d 294·1989 U.S. App. LEXIS 18537
United States Court of Appeals for the Ninth CircuitDecember 1, 198988-7436California764 words

Opinion

Opinion

891 F.2d 294 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Afilio A. ESTRADA-GUTIERREZ, Luis B. Estrada-Gutierrez, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 88-7436. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1989. Decided Dec. 1, 1989. Before WALLACE, PREGERSON, and ALARCON, Circuit Judges. 1 MEMORANDUM * 2 Luis and Afilio Estrada-Gutierrez petition for review of a deportation order issued by the Board of Immigration Appeals ("Board"). They contend that at the hearing on their asylum and withholding of deportation claims the Immigration Judge violated their statutory right to present evidence and abused his discretion by refusing to allow the testimony of their uncle which would have supported their asylum claim. They argue that they were prejudiced by this refusal. We have jurisdiction under 8 U.S.C. § 1105a. We deny the petition. 3 The Fifth Amendment guarantees due process in deportation proceedings.…

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