Samayoa v. Holder
**NACARA eligibility; due process/right to full and fair hearing**
The Court lacks jurisdiction to determine Samayoa’s statutory eligibility for NACARA § 203 relief. Samayoa also argues that she was denied due process because the IJ determined that she was ineligible for NACARA § 203 relief before she began to testify. However, the IJ reviewed all the record evidence, heard counsel’s arguments and Samayoa’s testimony, allowed cross-examination, and directly questioned Samayoa over the course of four hearings before making the ineligibility determination. Therefore, the IJ did not violate Samayoa’s constitutional right to due process by depriving her of a full and fair hearing and a reasonable opportunity to present evidence on her behalf.
http://www.ca9.uscourts.gov/datastore/opinions/2010/03/05/07-71943.pdf
newimmigrationcases
