Cruz-Rendon v. Holder
**Due process, full and fair hearing; evidence of exceptional and extremely unusual hardship**
IJ denied Cruz Rendon a full and fair hearing and that this prejudiced Cruz Rendon’s ability to present evidence in support of her application for cancellation of removal. Immigration Judge Anna Ho denied Cruz Rendon a full and fair hearing by unreasonably limiting her testimony– Cruz Rendon was prevented from testifying as to any topic that was mentioned at all in the psychological evaluation of her four year old USC son Jose. Because that evaluation contained background information about both Cruz Rendon and Jose and discussed Jose’s medical and educational issues, the IJ precluded Cruz Rendon from offering any significant testimony of her own regarding the life she had created for Jose in the United States, Jose’s medical and educational needs, and the hardships Jose would face if forced to relocate to Mexico. In addition, when Cruz Rendon’s counsel requested a continuance to obtain additional evidence, the IJ denied the request. A continuance would not have inconvenienced the court, except to the extent that the IJ wanted the case off her docket. Had Cruz Rendon been afforded time to obtain evidence regarding the schools in Mexico, the IJ might not have relied impermissibly upon her own unsupported opinion that Mexico “is really trying very hard to work on [special education].”
http://www.ca9.uscourts.gov/datastore/opinions/2009/12/02/06-70301.pdf
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