Potoi v. Ashcroft
Docket: No. 01-70899; INS No. A71-841-563
Court: Court of Appeals for the Ninth Circuit; December 9, 2002; Federal Appellate Court
Paula Lupe Tunai Potoi, a Tongan citizen, challenges a Board of Immigration Appeals (BIA) decision affirming an immigration judge's (IJ) ruling that he abandoned his application for adjustment of status and is subject to removal. The jurisdiction for this review is established under 28 U.S.C. § 1292, and claims of due process violations in removal proceedings are reviewed de novo, as per Sanchez-Cruz v. INS. The petition for review is granted, and the case is remanded. Potoi argues that his due process rights were violated when the IJ deemed his application abandoned due to insufficient evidence regarding the nationality and employment of his affidavit of support sponsor. The IJ had a heightened responsibility to assist Potoi, who was representing himself and in custody, as indicated in Agyeman v. INS. The IJ failed to inform Potoi about the types of evidence he could present and did not suggest that his sponsor could testify to verify her affidavit. This oversight prejudiced Potoi's case, as the sponsor's testimony could have supported his adjustment application. The decision emphasizes the IJ's obligation to provide guidance to pro se litigants and the importance of ensuring due process in immigration proceedings. The memorandum concludes that the petition is granted and the case is remanded for further proceedings, with a note that this disposition is not suitable for publication or citation in the circuit courts, in accordance with Ninth Circuit Rule 36-3.