The Ninth Circuit held that conducting an individual hearing on the merits of a cancellation of removal application by videoconferencing does not necessarily violate the constitutional right to due process or the statutory right to a fair hearing. It might, though, depending on the circumstances of a particular case. The court focused on the constitutional due process right without addressing the statutory right under 8 U.S.C. § 1229a(b)(4)(B).
The court held that whether a particular hearing by videoconferencing violates due process depends on the degree of interference caused by the technology and the degree of prejudice that resulted. It found the noncitizen in this case failed to establish that the use of videoconferencing may have affected the outcome.
For a review of the potential arguments against the use of videoconferencing, read the American Immigration Council's advisory at http://www.legalactioncenter.org/sites/default/files/docs/lac/lac_pa_121203.pdf. The memo was last updated in 2003, but it still has useful suggestions.