Barrientos

Barrientos v. United States Immigration & Naturalization Service

Good Law
32 F. App'x 837
United States Court of Appeals for the Ninth CircuitFebruary 21, 2002No. 00-71356; INS No. A71-945-995California455 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Carlos Barrientos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a, pid we deny the petition.

We review BIA determinations de novo for errors of law, but review the factual findings for substantial evidence. See Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996) (en banc); Mejia-Paiz v. INS, 111 F.3d 720 , 722 (9th Cir.1997). To reverse the BIA’s decision, we must conclude that the evidence not only supports a contrary conclusion, but compels it. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We grant deference to the BIA’s determination. See Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995).

Barrientos claims that he had an incompetent translator and, as a result, was denied his Constitutional right to a full and fair hearing. After careful review of the record, we find that the interpreter had difficulty translating, but the imperfect translation did not prejudice the outcome of the…

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