Jacinto v. INS
United States Court of Appeals for the Ninth Circuit
208 F.3d 725 (2000)
Jacinto (plaintiff) fled Guatemala in 1994 and applied for asylum, claiming persecution by the Guatemalan military. She represented herself and her son at two hearings, despite being told she could get free or reduced-cost counsel. She seemed confused at points, introduced no documents, offered no testimony beyond answering questions, and never cross-examined her husband, whose testimony hurt her case. The immigration judge never told her she could offer more testimony or cross-examine witnesses, and denied her asylum and voluntary departure for lack of a well-founded fear and credibility problems. After getting counsel, she appealed to the Board of Immigration Appeals, which affirmed, and then to the Ninth Circuit.
Whether an alien ordered deported is denied due process when she did not fully understand her rights and the implications of the deportation proceedings, resulting in prejudice.