Macias-Ramos

MEMORANDUM *

Tomas Macias-Ramos, a native of Ecuador, appeals the district court’s ruling denying his petition for writ of habeas corpus in which he sought to prevent the use of a 1992 expunged misdemeanor weapon conviction as grounds to deport him and to deny his request for suspension of deportation and voluntary departure. The district court had jurisdiction under 28 U.S.C. § 2241 , and we have jurisdiction under 28 U.S.C. § 2253 . The Board of Immigration Appeals violated due process by failing to timely correct the Immigration Judge’s error of law in using the expunged conviction. We therefore reverse the district court.

It is well established that aliens have a right to due process in deportation proceedings. Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999). “The fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’ ” Mathews v. Eldridge, 424 U.S. 319, 333 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 , 85 S.Ct. 1187 , 14 L.Ed.2d 62 (1965)). A BIA decision violates due process if the proceeding was “ ‘so fundamentally unfair that the alien was prevented from…