Quijano

MEMORANDUM **

Rebecca Quijano, a native and citizen of the Philippines, petitions for review from a Board of Immigration Appeals decision affirming without opinion the immigration judge’s (“IJ”) exclusion order. We deny the petition for review. Because the parties are familiar with the history of this case, we will not recount it here.

The IJ did not impermissibly shift the burden to Quijano to establish admissibility. It is true that the IJ initially made some contradictory oral statements concerning allocation of the burden of proof. However, a careful review of the written decision indicates that the IJ correctly held the government to its burden of proof under Matter of Huang, 19 I & N Dec. 749, 754 (BIA 1988).

The admission of hearsay statements contained in investigative reports at the hearing did not violate Quijano’s due process rights. Administrative proceedings are not governed by strict rules of evidence, provided that the alien is afforded due process. De Hernandez v. INS, 498 F.2d 919, 921 (9th Cir.1974). Hearsay testimony is generally admissible in administrative hearings, see Trias-Hernandez v. INS, 528 F.2d 366, 368-69 (9th Cir.1975), provided that the evidence…