for a fair hearing the answer is to ensure enough enough to ensure a fair reliable result misters you up as the beneficiary of an approved i win thirty immigrant visa petition filed by his us citizen category of family relationship i have for his daughter through his daughter and he has no criminal record that would otherwise bar him for any relief in this case as a mix of issues including an allegation of marriage fraud and the adjustment of status based upon an unrelated category and relationship between a father who went to the united states with a tourist visa and overstayed his visa and and follow the piece of petition through his us citizen daughter this case also has issues an immigrant visa can be approved where there may be an issue where it frosts but most importantly the issues of eligibility and timing are moot since the immigration judge ultimately knowledge of proper jurisdiction and was probably if properly applied based on evidence gathered in a presumably fair manner in a presumably fair hearing but in this matter the immigration judge failed to adequately determine whether evidence presented in court by the h s was probative and used in a fundamentally fair manner infact the immigration judge acknowledged mr gross requests a need for personal testimony of an alleged investigator's alleged findings in the instant case and demanded the h s to present the alleged investigator to court for examination unfortunately no such production was made at the following court hearing or any hearing thereafter and the immigration judge ultimately proceeded without the alleged investigator's presence resulting in a failure to provide a fair hearing for m and have always part of presented themselves for extensive interview and investigation also they have never wavered on the issue of the ability of their marriage and have always maintained a bona fide marital relationship regardless the immigration judge considered eligibility for adjustment of status based upon the approved and valid immigrant visa petition filed by mr zappa not the daughter the judge found that he otherwise satisfied all of the necessary forms and supporting documents for such an adjustment of status application nonetheless our claim does not rest on whether an abuse of discretion was committed by the immigration judge which may have actually occurred improperly improperly weighing favorable and unfavorable factors rather a claim rests upon the fundamentally unfair and unchecked use of the government's evidence and the significant role it played in shaping the immigration judge's opinion without proper examination you shake saying that the daughter's titian  with the marriages that he's currently are on haul truck rover yes judge and is on the lot of the time yes judge and then there's some question about the woman that was again i don't believe that the i don't believe that the focus needed to be on the on the on the marriage because the visa petition was already approved the act provides for the prevention of and i want thirty of these a petition being approved if there is a previous finding of a mare of marriage fraud in this case the i want thirty visa petition was approved based upon a separate person a u s citizen daughter on a separate category but the problem is that the judge  did not give a prior a proper opportunity to present any evidence against that i'm sorry in present testimony or cross examination of the alleged investigator that concluded that there was marriage fraud and therefore shaped the immigration judge's decision that there was marriage fraud in fact in the to in the transcript the immigration judge commented and directed the h s to rooms to present the investigator as the following  over my objection at that hearing the judge proceeded without the investigator and enter an order of removal because my request for a continuance was do not have the would had the investigator been present then the responded would be given an affair in fundamentally well fundamentally fair hearing to contest and confront the the the allegations that are in my opinion uncorroborated they're unsubstantiated there's never been a person saying the  but i've never seen the i've never seen i've never never examined any of the baby and any of the best the gators that led to that conclusion that there was marriage fraud and therefore that is the denial the the fundamental me and then and it should say that all the although hearsay is admissible in immigration hearings and constitutional due process does not impart upon the administrative body the same safeguards as case demands a new hearing from a great for the immigration judge to review to allow the respondent i'm sorry the alien to examine the investigators findings and to examine the actual investigative judge asked for the opportunity to have the case  before the immigration judge thank you are exceptions the exceptions are how the court retains your stiction if the petitioner can demonstrate a question of law or constitutional question apparently he's claiming a constitutional due process violation here however that is a problem for this court as well because discretionary relief such as adjustment is not something that he has a protected liberty or property interest in and this court has also helped him it's settled that there is no due process interest in a adjustment of status because again it's a discretionary form of relief moving on to any concerns court might happy or assuming a due process they investigated his claims they interviewed him in his wife they advised him that based on what they had turned up so far that they were probably going to denies application and they gave him the opportunity to respond to the findings they had generated to white that was in the earlier phase of this proceeding since that petition was denied he had no chance to really in the earlier phase so the immigration judge denied his found removal and that was it he later within months filed to reopen this case on a totally different basis and that was i have another avenue towards adjustment status that's my u s citizen adult child which is fine and that was submitted they approved her petition meaning that they found that she was a u s citizen and his daughter period at that point the board granted him reopening was proceeding for a full opportunity to address his equities for adjustment status and of course since he had been found to a committed marriage fraud and had appealed that and lost to the board previously outside this proceeding that was the obvious eight hundred pound the room he should have addressed why his you know he had a fresh chance to address whether his marriage to his us and white was fraudulent or not so we had a second bite at the apple before the immigration judge the immigration judge took testimony from him his wife and also took let him put in whatever at evidence he wished in fact there were three separate hearings before the final hearing here with the immigration judge gave him guidance on the types of evidence the situation that counts refers to about the immigration judge directing the presence of the officers was at the earlier phase of this proceeding where the theme gratian judge did say to the v h s counsel i would like to have the opportunities present for testimony at the following hearing the at by that time d h has had denied his his wife's petition and he had no basis for relief at that part testimony provided to be hearing by the petitioner here her and his wife and his documents the immigration judge decided as a matter of discretion that he was not going to allow him to just a status to his daughter president if he wanted to he could have he had two years to prepare for the hearing he could have asked the immigration judge to subpoena those two operators and have them present he did not so under those circumstances i do not understand the