Rodriquez-Mancilla v. Holder
February 27, 2010
**Continuous physical presence; due process**
Substantial evidence supports the agency’s determination that Rodriguez-Mancilla did not meet the continuous physical presence requirement because Rodriguez-Mancilla was personally served an order to show cause in 1993 and testified that he signed for voluntary departure and exited the country. His due process claim regarding the IJ’s reliance on hearsay evidence also fails because any error committed by the IJ was corrected when the BIA’s decision did not rely on the evidence in question.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/02/26/06-70408.pdf
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