Adnan Mohammed v. JEFFERSON B. SESSIONS III, Attorney General

17-70686Court of Appeals for the Ninth CircuitOct 31, 2018

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADNAN MOHAMMED,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 17-70686
Agency No. A208-307-564
MEMORANDUM*
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).
FILED
OCT 31 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-70686
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.

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