Esperanza Burgos-Abril v. Immigr. & Naturalization Serv., 58 F.3d 475 (9th Cir. 1995). · Go Syfert
Esperanza Burgos-Abril v. Immigr. & Naturalization Serv., 58 F.3d 475 (9th Cir. 1995). Cases Citing This Book View Copy Cite
31 citation events (16 in the last 25 years) across 3 distinct courts.
Strongest positive: Martins v. United States Citizenship & Immigration Services (cand, 2013-07-03)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Martins v. United States Citizenship & Immigration Services
N.D. Cal. · 2013 · confidence medium
First, it explained that “[a]n. alien has a Fifth Amendment Due Process, right to a full and fair hearing in a deportation proceeding.” Id. at 373 (citing Burgos-Abril v. I.N.S., 58 F.3d 475, 476 (9th Cir.1995) (citation omitted)).
cited Cited as authority (rule) Dent v. Holder
9th Cir. · 2010 · confidence medium
Burgos-Abril v. I.N.S., 58 F.3d 475, 476 (9th Cir.1995) (citation omitted). 19 .
discussed Cited as authority (rule) Uppal v. Holder (2×)
9th Cir. · 2009 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
cited Cited as authority (rule) Langit v. Immigration & Naturalization Service
9th Cir. · 2003 · confidence medium
Burgos-Abril v. I.N.S., 58 F.3d 475, 476 (9th Cir.1995).
cited Cited as authority (rule) Mohammad Issa Alshiabat, A/K/A Mohammad Llshiabat v. Immigration and Naturalization Service
9th Cir. · 1997 · confidence medium
Carr v. INS, 86 F.3d 949, 951 (9th Cir.1996); Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
cited Cited as authority (rule) Lina Mozian v. Immigration and Naturalization Service
9th Cir. · 1997 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
discussed Cited as authority (rule) Jagdish Kumar v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995) (per curiam); Reyes-Palacios v. INS, 836 F.2d 1154, 1155 (9th Cir.1988) (per curiam). 17 Kumar has a Fifth Amendment due process right to a full and fair hearing.
cited Cited as authority (rule) Vikesh Datt SHARMA; Vijanti Devi Sharma, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
9th Cir. · 1996 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
discussed Cited as authority (rule) Francisco Vanguardia Batiller v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
"An alien has a Fifth Amendment right to due process, including the right to a full and fair hearing in a deportation proceeding." Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995); see also United States v. Gasca-Kraft, 522 F.2d 149, 152 (9th Cir.1975) (due process requires alien in a deportation proceeding have an opportunity to produce evidence).
cited Cited as authority (rule) Neal Andrew CARR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
9th Cir. · 1996 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
cited Cited as authority (rule) Foday Brima Koroma v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995). 5 The Sixth Amendment does not establish a right to counsel in deportation proceedings.
cited Cited as authority (rule) Leslie A. McDowell v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
cited Cited as authority (rule) Larry Efosa BAZUAYE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
9th Cir. · 1996 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
discussed Cited as authority (rule) Virginia Bagaoisan v. Donald A. Radcliffe, District Director, Immigration & Naturalization Service
9th Cir. · 1996 · confidence medium
Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995). 15 In its "Notice of Intent to Deny," the district director quoted the text of 8 U.S.C. 1154(c)(2), which eventually served as the basis for the BIA's denial of Bagaoisan's petition.
cited Cited "see" Enikeev v. Holder
9th Cir. · 2011 · signal: see · confidence high
See Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995) (per curiam).
discussed Cited "see" Vargas-Hernandez v. Gonzales (2×)
9th Cir. · 2007 · signal: see · confidence high
See Burgos-Abril v. INS, 58 F.3d 475, 476-77 (9th Cir.1995) (concluding that no due process violation occurred when alien “was given a full and fair opportunity (1) to be represented by counsel at the deportation proceedings, (2) to prepare her application for § 212(c) relief, and (3) to present testimony and other evidence in support of her application This is not a case where the IJ prevented a full examination of the applicant, Colmenar v. INS, 210 F.3d 967, 972 (9th Cir.2000), stood in moral judgment of the alien, see Reyes-Melendez v. INS, 342 F.3d 1001, 1007-09 (9th Cir.2003), or pres…
discussed Cited "see" Vargas-Hernandez v. Gonzales (2×)
9th Cir. · 2007 · signal: see · confidence high
See Burgos- Abril v. INS, 58 F.3d 475, 476-77 (9th Cir. 1995) (concluding VARGAS-HERNANDEZ v. GONZALES 9337 that no due process violation occurred when alien “was given a full and fair opportunity (1) to be represented by counsel at the deportation proceedings, (2) to prepare her application for § 212(c) relief, and (3) to present testimony and other evi- dence in support of her application.”). [13] This is not a case where the IJ prevented a full exami- nation of the applicant, Colmenar v. INS, 210 F.3d 967, 972 (9th Cir. 2000), stood in moral judgment of the alien, see Reyes-Melendez v.…
cited Cited "see" Rudy Gabriel JEREZANO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
9th Cir. · 1999 · signal: see · confidence high
See Burgos-Abril v. INS, 58 F.3d 475, 476 (9th Cir.1995).
discussed Cited "see" M-S (2×)
BIA · 1995 · signal: see · confidence high
See Burgos-Abril v. INS, 58 F.3d 475 (9th Cir. 1995); Gandarillas-Zambrana v. BIA, 44 F.3d 1251 (4th Cir. 1995); Matter of Santos, 19 I&N Dec. 105 (BIA 1984).
Retrieving the full opinion text from the archive…
Esperanza BURGOS-ABRIL, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
94-70781.
Court of Appeals for the Ninth Circuit.
Jun 26, 1995.
58 F.3d 475
John E. Ricci, San Francisco, CA, for petitioner., Anthony W. Norwood, Office of Immigration Litigation, Washington, DC, for respondent.
O'Scannlain, Leavy, Hawkins.
Cited by 22 opinions  |  Published
PER CURIAM:

Esperanza Burgos, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) order finding Burgos deportable and denying her request for a waiver of deportation pursuant to section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we deny the petition for review.

On petition for review, Burgos raises an issue of first impression. Specifically, Burgos alleges that by holding her deportation hearing inside a federal correctional facility, the IJ tainted the proceedings and violated her right to due process. We disagree. [1]

We review de novo whether deportation proceedings infringed upon an alien’s due process rights. Gonzalez-Julio v. INS, 34 F.3d 820, 828 (9th Cir.1994).

An alien has a Fifth Amendment right to due process, including the right to a full and fair hearing in a deportation proceeding. See Cuadras v. INS, 910 F.2d 567, 573 (9th Cir.1990). In general, however, an alien “has been denied a full and fair hearing which due process provides only if the thing complained of causes the alien to suffer some prejudice.” Nicholas v. INS, 590 F.2d 802, 809 (9th Cir.1979).

Pursuant to 8 U.S.C. § 1252a(a)(l), the Attorney General is required to provide deportation proceedings at “Federal, State, and local correctional facilities for aliens convicted of aggravated felonies.” See 8 U.S.C. § 1252a(a)(l). “Such proceedings shall be conducted in conformity with section 1252 of this title (except as otherwise provided in this section).... ” Id.

Here, Burgos is an alien convicted of an aggravated felony and thus is subject to section 1252a(a)(l). Burgos was given a full and fair opportunity (1) to be represented by[*477] counsel at the deportation proceedings, (2) to prepare her application for § 212(c) relief, and (3) to present testimony and other evidence in support of her application. Moreover, the IJ was necessarily aware of her criminal status in that her conviction formed the basis for her deportation and was the predominant adverse factor in determining whether to grant her discretionary relief form deportation pursuant to section 212(c). In addition, Burgos has failed to demonstrate any prejudice from this alleged due process violation.

Given these circumstances, we find no due process violation as a result of conducting her deportation hearing within the prison in accordance with section 1252a(a)(1). See 8 U.S.C. § 1252a(a)(1); Cuadras, 910 F.2d at 573; Nicholas, 590 F.2d at 809.

PETITION FOR REVIEW DENIED.

1

. The remaining issues raised in Burgos's petition for review are addressed in a concurrently filed unpublished memorandum disposition.