Ajayi

Ajayi v. Gonzales

Good Law
130 F. App'x 939
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 04-70408California286 words

Opinion

Lead Opinion

MEMORANDUM ***

Ranti Mary Ajayi and Oluwemimo Alakija, natives and citizens of Nigeria, petition for review of the Board of Immigration *940 Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of their application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review due process challenges de novo. Salgado-Diaz v. Ashcroft, 395 F.3d 1158, 1162 (9th Cir.2005). We grant the petition for review.

Aliens are entitled to due process in the conduct of their immigration proceedings. See id. The IJ denied Petitioners due process when she suggested that Petitioners complete a cancellation of removal application and have it adjudicated the same day, and then refused to allow them additional time to submit more evidence. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (finding that an alien was denied due process when he was not given a reasonable opportunity to present evidence on his behalf). Petitioners have demonstrated prejudice, as the denial of an opportunity to present additional evidence in support of their claim may have affected the outcome of the proceedings. See id. at 972 .

We grant Petitioners’ motion for late filing…

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