MOHAMMED v. SESSIONS III (2018)

MEMORANDUM **

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 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, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.