Dent v. Holder
2010 U.S. App. LEXIS 23255
| 9th Cir. | 2010Background
- Removal proceedings were initiated against Dent on grounds of noncitizenship and aggravated felony conviction.
- Dent, living in the U.S. since 1981, claimed U.S. citizenship by adoption by a U.S. citizen; government contested citizenship and his status as a permanent resident.
- Dent was unable to produce his adoption and birth documents; IJ granted continuances for evidence, but government later noted lack of proof of adoptive mother's citizenship.
- A-file documents concerning Dent's and his adoptive mother's naturalization petitions existed with the government but were never provided to Dent or the IJ/BIA.
- Subsequent proceedings revealed the A-file materials; Dent argued denial of access violated due process and hindered his defense.
- Court held the government failed to furnish the A-file, prompting due process concerns and leading to transfer proceedings for a nationality claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dent had right to access his A-file in removal proceedings. | Dent | Holder | Dent has right to access and obtain a copy of his A-file |
| Whether the government's failure to produce the A-file violated due process and prejudiced the outcome. | Dent | Holder | Failure to provide the A-file violated due process and prejudiced the proceedings |
| Whether the proper remedy is remand or transfer given Dent's nationality claim. | Dent | Holder | Transfer to district court for new nationality hearing; BIA decision vacated |
| Whether the A-file access obligation should be read to require FOIA procedures. | Dent | Holder | Statutory right to access governs removal proceedings; not limited to FOIA requests |
Key Cases Cited
- Rendon v. Holder, 588 F.3d 669 (9th Cir. 2009) (due process and fair hearing in removal; access to records emphasized)
- Lising v. I.N.S., 124 F.3d 996 (9th Cir. 1997) (agency records may be judicially noticed)
- Fisher v. INS, 79 F.3d 955 (9th Cir. 1996) (administrative record handling and due process principles)
- Public Citizen v. United States Department of Justice, 491 U.S. 440 (S. Ct. 1989) (constitutional avoidance and statutory construction principles)
- Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (S. Ct. 2001) (principles of statutory interpretation in the face of general vs. specific terms)
- Agyeman v. I.N.S., 296 F.3d 871 (9th Cir. 2002) (due process and fair hearing in immigration context)
- Burgos-Abril v. I.N.S., 58 F.3d 475 (9th Cir. 1995) (due process and administrative record considerations)
- Rendon v. Holder, No. 09-71987 (9th Cir. 2010) (this opinion)