Herbert Edmundo Gomez-Vigil and Silvia Auxiladora Hernandez De Gomez v. Immigration and Naturalization Service

I join in the panel’s opinion only because I am obligated to follow the panel opinion in Castillo-Villagra v. INS, 972 F.2d 1017 (9th Cir.1992).

I write separately to make clear that I believe that the Due Process question in Castillo-Villagra is one of exceptional importance and that the panel’s decision is in tension with or squarely conflicts with decisions of eight other courts of appeals, representing every other court that has considered this issue. I believe that, as a matter of procedure, the decision runs counter to the Federal Rules of Evidence and that, as a matter of constitutional…