Whether a court must remand a matter for a new board hearing when an administrative board's failure to follow its own regulations implicates a petitioner's fundamental due process right to counsel

QUESTIONS PRESENTED I. Whether a court must remand a matter for a new board hearing when an administrative board’s failure to follow its own regulations implicates a petitioner’s fundamental due process right to counsel, as the Second, Third, Sixth, Seventh, Ninth, and Eleventh Circuits have held or whether a court may excuse the board’s failings under a harmless error standard as the court below held?