Vasquez-Gomez

Vasquez-Gomez v. Ashcroft

Good Law
52 F. App'x 965
United States Court of Appeals for the Ninth CircuitDecember 11, 2002Nos. 02-70115, INS A75-247-914California250 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Vasquez-Gomez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) pretermission of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo Vasquez-Gomez’s due process claim, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000), and we grant the petition.

Vasquez-Gomez contends that the failure to provide him with an opportunity to present oral testimony in support of his asylum application denied him the right to a full and fair hearing. We agree. See id. at 971-72 (granting petition where the IJ prevented a full examination of the applicant and denied asylum based almost entirely on the written application); Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002) (failure to allow the petitioner to present oral testimony constitutes a denial of right to due process). Because we do not require Vasquez-Gomez to explain exactly what evidence he would have presented, we may infer that “the I J’s conduct potentially affected the outcome of the proceedings.” Colmenar, 210 F.3d at 972 (internal quotation…

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