Shaban

Shaban v. Immigration & Naturalization Service

Good Law
91 F. App'x 608
United States Court of Appeals for the Ninth CircuitMarch 24, 2004No. 02-71968California366 words

Opinion

Lead Opinion

MEMORANDUM *

Mahde Shaban (“Shaban”) appeals the Board of Immigration Appeals’ summary *609 affirmation of the Immigration Judge’s (IJ) credibility determination and decision denying him asylum and withholding of deportation, and ordering him to voluntarily depart.

We may reverse on a due process claim only if the proceeding was “so fundamentally unfair that the alien was prevented from reasonably presenting his case,” and it prejudiced his claim. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000); Cano-Merida v. INS, 311 F.3d 960, 965 (9th Cir.2002). Although the IJ’s conduct of Shaban’s hearing was somewhat heavy-handed, he nevertheless allowed Shaban to fully present his case and issued a reasoned written opinion. See Antonio-Cruz v. INS, 147 F.3d 1129, 1131 (9th Cir.1998) (due process does not preclude an IJ from vigorously questioning the witness or conducting the “lion’s share of the cross examination”). Thus, the hearing, although not a model proceeding, did not rise to the level of a due process violation.

We must affirm an IJ’s credibility determination when it is supported by “substantial evidence,” and the IJ’s reasoning is not “fatally flawed.” Gui v. INS, 280 F.3d…

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