Ninth Circuit -- USA V. JUAN MATUS-ZAYAS

USA V. JUAN MATUS-ZAYAS

Plain error in Immigration tribunal not establishing unavailability before allowing videotaped statements of material witnesses, but doesn't rise to level justifying relief.

Facial challenge TKO'd, as law doesn't abrogate constitutionally required showing of unavailability.

No plain error in ordering depositions from material witnesses and subsequent release.

Any party can move to depose a material witness under FRCrimP15(a)(1)

Probably no need for signature of transcripts under oath.