Rolando Cunanan v. Immigration & Naturalization Service

PREGERSON, Circuit Judge:

The Board of Immigration Appeals (BIA) denied Rolando Cunanan’s request for voluntary departure to the Philippines. 1 Cunanan appeals. He contends that the BIA abused its discretion when it denied him voluntary departure by relying on hearsay declarations while denying him the opportunity to cross-examine the government’s absent witness.

At the heart of this appeal is the admissibility of two documents. Both were introduced into evidence at the hearing before the Immigration Judge (IJ) and were relied on by the BIA on appeal. The first is an affidavit, purportedly…