Wednesday, July 22, 2009

Alien Not Denied Due Process Despite Gaps in Appellate Record

Witjaksono v. Holder, 2009 WL 2096220 (7/17/09) (Published) - The alien was not denied his right to a reasonably complete appellate record, even though in the 57 pages of transcript of the removal hearing there were 189 notations of indiscernible. The indiscernibles were almost all during the alien's testimony. He should have tried to fill in the gaps himself, since he should know what he testified to. So he failed to demonstrate prejudice and thus failed to establish a due process denial.