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

Comment