Boci, Dhurata v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit·Decided January 19, 2007·No. 05-3231·Published

Opinion

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Chicago, Illinois 60604

January 19, 2007

Hon. JOEL M. FLAUM, Circuit Judge

Hon. DANIEL A. MANION, Circuit Judge

Hon. ANN CLAIRE WILLIAMS, Circuit Judge

VALI AND DHURATA BOCI, ] On Petition for Review of ] an Order of the Board of Petitioners, ] Immigration Appeals.

] ] Cases Nos. A-79-437-236, No. 05-3231 v. ] & A-79-437-241 ]

ALBERTO R. GONZALES, ]

]

Respondent. ]

ORDER

The opinion issued in the above-entitled case on January 12, 2007 is hereby amended as follows:

On Page 11, in the first full paragraph, lines 16 -22, please delete:

Questioning by the IJ may cross the line, however, when it “becomes so aggressive that if frazzles applicants and nitpicks inconsistencies,” thus distorting the record. Giday v. Gonzales, 434 F.3d 543, 549 (7th Cir. 2006). Here, the IJ’s questioning, although extensive at times, was not so aggressive as to distort the record.

No. 05-3132 -2-

And replace with:

We have previously expressed the view that immigration judges should work to meet this obligation with patience and decorum, but we have stated that a less than desirable demeanor, in and of itself, does not violate due process. See Diallo, 381 F.3d at 70. Accordingly, the Bocis’ due process claim cannot succeed.

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Related

Selemawit F. Giday v. Alberto R. Gonzales
434 F.3d 543 (Seventh Circuit, 2006)