Salgado-Diaz v. Ashcroft, ___ F.3d ___ (9th Cir. January 31, 2005) (petition for review granted where Immigration Judge's order denying noncitizen an evidentiary hearing on his claim of unlawful arrest is a due process violation).
http://caselaw.lp.findlaw.com/data2/circs/9th/0274187p.pdf