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torthearingtestimonyleasedue processasylumliens

tortappealhearingwilldue processasylumliens

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Serrano-Alberto v. AG United States

Facts

Ever Ulises Serrano-Alberto, a professional soccer player from El Salvador, fled to the United States to escape violence from the Mara Salvatrucha gang (MS13). Despite his fame, he and his family were targeted by the gang, leading to multiple violent incidents, including a shooting that left his brother paralyzed. After being extorted and shot at, Serrano-Alberto attempted to flee El Salvador but was returned by authorities. He was later imprisoned on false charges, and upon his release, he continued to face threats from the gang, prompting his eventual flight to the U.S. where he sought asylum.

Petitioner Ever Ulises Serrano-Alberto, a widely acclaimed professional soccer player, fled to the United States from his native country of El Salvador to escape violence at the hands of the notorious Mara Salvatrucha gang, commonly known as MS13. Serrano-Alberto was born and raised in the town of Apopa outside of San Salvador, the capital city of El Salvador, a nation consumed by gang warfare in recent years. Between approximately 2000 and 2008, Serrano-Alberto enjoyed a high-profile career in the Salvadoran national soccer league, garnering significant attention as a result of his success. Serrano-Alberto's fame, however, did little to insulate him from MS13 gang violence, and, indeed, appears to have made targets of both him and his family since at least 2007.

Issue

Did the immigration judge violate Serrano-Alberto's due process rights by preventing him from adequately presenting his case during the removal hearing?

Rule

The Fifth Amendment guarantees aliens in removal proceedings the right to due process, which includes a meaningful opportunity to be heard. This encompasses factfinding based on a record, the opportunity to make arguments, and an individualized determination of interests.

The Fifth Amendment protects the liberty of all persons within our borders, including aliens in immigration proceedings who are entitled to due process of lawthat is, a meaningful opportunity to be heardbefore being deported.

Analysis

The court found that the immigration judge's conduct during the hearing was confrontational and dismissive, which hindered Serrano-Alberto's ability to present his case. The judge interrupted and belittled his testimony, failing to provide a fair hearing. This behavior constituted a violation of Serrano-Alberto's due process rights, as it prevented him from reasonably presenting his case and resulted in substantial prejudice.

Because we conclude that the Immigration Judge here denied Petitioner this fundamental right by actively preventing him from making his case for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), we will grant the petition for review of the Board of Immigration Appeals' affirmance and will vacate and remand for rehearing, urging reassignment on remand to a different Immigration Judge.

Conclusion

The court granted Serrano-Alberto's petition for review, vacated the BIA's affirmance, and remanded the case for rehearing with instructions for reassignment to a different immigration judge.

For the reasons that follow, we agree.

Who won?

Serrano-Alberto prevailed in the case because the court found that his due process rights were violated during the removal hearing, which warranted a remand for a fair hearing.

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