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United States Ninth Circuit


HERNANDEZ-GUADARRAMA v. ASHCROFT, 03-72084

A single affidavit from a self-interested witness, not subject to cross-examination, does not rise to the level of clear, unequivocal, and convincing evidence required to prove deportability.

Appellate Information

  • Argued 10/05/2004
  • Decided 01/10/2005
  • Published 01/10/2005

Judges

  • REINHARDT, Circuit Judge:, Before:  D.W. NELSON, REINHARDT, and THOMAS, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Matt Adams, Northwest Immigrant Rights Project, Granger, WA, for the petitioner.

  • For Appellees:
  • Peter D. Keisler, Assistant Attorney General, Civil Division;  Richard M. Evans, Assistant Director;  and Joan E. Smiley, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.
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