Viewing entries tagged
fundamental fairness

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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

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