Adnan Mohammed v. Jefferson Sessions, III
Adnan Mohammed v. Jefferson Sessions, III
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 31 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT ADNAN MOHAMMED, No. 17-70686
Petitioner, Agency No. A208-307-564 v.
MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2018** Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Adnan Mohammed, a native and citizen of Ghana, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 8 U.S.C. § 1252. We review de novo claims of due process violations in immigration proceedings, Perez-Lastor v. INS, 208 F.3d 773, 777 (9th Cir. 2000), and we grant the petition for review.
Mohammed demonstrated that incompetent translations occurred during his asylum hearing and that they prejudiced the outcome of his proceedings. See id. at 780 (incompetent translation claim requires a showing that “a better translation would have made a difference in the outcome of the hearing”) (internal citation omitted).
Thus, we grant the petition for review and remand Mohammed’s asylum, withholding of removal, and CAT claims to the agency for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 17-70686
Reference
- Status
- Unpublished