Segovia
Segovia v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM *
Ana Alicia Segovia (“Segovia”), a native and citizen of El Salvador, challenges the Board of Immigration Appeals’ (“BIA”) denial of her asylum application based on an adverse credibility determination on three grounds: (1) her due process rights were violated by the manner in which the Immigration Judge (“IJ”) conducted the hearing; (2) the BIA erred in finding her not credible; and (3) substantial evidence supported her claim that she had a well-founded fear of persecution by the Salvadoran military on the basis of political opinion.
We conclude that Segovia was denied a full and fair hearing under Jacinto v. INS, 208 F.3d 725 (9th Cir.2000), and Colmenar v. INS, 210 F.3d 967 (9th Cir. 2000). First, at the calendar hearing during which the IJ was to inform Segovia that she had the option of being represented by counsel, the IJ did not make clear to her the role of counsel or how the hearing would proceed if she chose to represent herself. Instead he suggested that she had to choose between being represented by an attorney, and speaking on her own behalf as a witness. See Jacinto, 208 F.3d at 734 . Second, at the merits hearing, the IJ interrupted Segovia’s…