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Keywords

hearingdue processdeportationliens
hearingdue processdeportationliens

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Reyes-Melendez v. Immigration and Naturalization Service

Facts

Reyes-Melendez, a citizen of Mexico, entered the United States in 1988 with his wife and son. He was placed in deportation proceedings in 1996 and applied for suspension of deportation, claiming extreme hardship if deported. The IJ's hearing was marked by hostility and bias, with the IJ making dismissive comments about Reyes-Melendez's personal life and failing to consider all relevant evidence regarding hardship to his U.S. citizen children.

Reyes-Melendez, a citizen of Mexico, entered the United States with his wife, Maria Villanueva, and first son, Alejandro Reyes, on November 2, 1988. Maria and Alejandro also are Mexican citizens and are without status. On December 30, 1996, the INS issued an Order to Show Cause, which placed Reyes-Melendez in deportation proceedings.

Issue

Did the Immigration Judge (IJ) deny Reyes-Melendez a full and fair hearing due to bias, and did the IJ err in failing to consider all relevant hardship factors in his application for suspension of deportation?

Did the Immigration Judge (IJ) deny Reyes-Melendez a full and fair hearing due to bias, and did the IJ err in failing to consider all relevant hardship factors in his application for suspension of deportation?

Rule

The Due Process Clause requires that aliens 'threatened with deportation' are provided with the right to 'a full and fair hearing.' A neutral judge is one of the most basic due process protections.

The Due Process Clause requires that aliens 'threatened with deportation' are provided with the right to 'a full and fair hearing.' A neutral judge is one of the most basic due process protections.

Analysis

The court found that the IJ's behavior during the hearing demonstrated a lack of neutrality, as she made numerous hostile comments and failed to consider the evidence presented by Reyes-Melendez. The IJ's questioning focused on personal and moral issues rather than the relevant legal standards for suspension of deportation, which constituted a violation of Reyes-Melendez's right to a fair hearing.

The record thus indisputably demonstrates that the IJ was hostile towards Reyes-Melendez and judged his behavior as being morally bankrupt. These circumstances are analogous to those found in Sanchez-Cruz and Colmenar in which an IJ 'behaved not as a neutral fact-finder interested in hearing the petitioner's evidence, but as a partisan adjudicator seeking to intimidate the [alien] and his counsel.'

Conclusion

The court granted the petition for review, concluding that the IJ's bias and failure to consider all relevant hardship factors warranted remand to the BIA for further proceedings.

The court granted the petition for review, concluding that the IJ's bias and failure to consider all relevant hardship factors warranted remand to the BIA for further proceedings.

Who won?

Reyes-Melendez prevailed in the case because the court found that he was denied a fair hearing due to the IJ's bias and failure to consider relevant evidence.

Reyes-Melendez prevailed in the case because the court found that he was denied a fair hearing due to the IJ's bias and failure to consider relevant evidence.

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