Gosteva

Gosteva v. Ashcroft

Good Law
17 F. App'x 638
United States Court of Appeals for the Ninth CircuitAugust 28, 2001No. 00-70650; I & NS No. A-75-259-988California429 words

Opinion

Dissenting Opinion

Schroeder, J.

dissenting.

In my view, the IJ did not give the pro se petitioner sufficient opportunity to explain the basis for her application claiming she feared persecution on account of her political or religious views. See Jacinto v. INS, 208 F.3d 725, 734 (9th Cir.2000).

Lead Opinion

MEMORANDUM **

Alevtina Gosteva, a native and citizen of Russia, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s denial of her application for asylum and withholding of deportation. Gosteva argues that she was denied a full and fair hearing before the Immigration Judge (“IJ”). We deny the petition for review, because we hold that she has failed to establish a violation of due process.

The Fifth Amendment guarantees due process in deportation proceedings. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). An alien must therefore receive a full and fair hearing and must be given a reasonable opportunity to present evidence on her behalf. See Jacinto v. INS, 208 F.3d 725, 727-28 (9th Cir.2000). We will find a denial of due process only where the alien shows prejudice; that is, where the alleged procedural flaw potentially affects the outcome of the proceedings. See Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999).

Gosteva has failed to show prejudice from the procedural violations that she alleges. In her asylum application, her brief before the BIA, and her brief before this court, she fails to describe any…

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