Ninth Circuit Requires DHS to Make Good Faith Effort to Produce Drafter of Probation Report and Crime Victim for Testimony

The Ninth Circuit has determined that when the Department of Homeland Security produces a probation report that contains a victim’s narrative, it must make a good faith effort to produce both the drafter of the report and the victim for cross-examination.

The full text of Alcaraz-Enriquez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/09/16/15-71553.pdf

An amended opinion can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/12/14/15-71553.pdf

Eighth Circuit finds that Court Erred by Admitting Incriminating Statement from Ex-Spouse

The Eighth Circuit has held that the agency erred in admitting an incriminating statement made by the petitioner's ex-spouse and a USCIS report regarding the ex-spouse's alleged engagement in fraudulent marriages without providing the petitioner with the opportunity to cross-examine her ex-spouse.

The full text of Patel v. Sessions can be found here:

http://media.ca8.uscourts.gov/opndir/17/08/163619P.pdf