Mauro Antonio Cano-Merida v. Immigration and Naturalization Service

Mauro Antonio Cano-Merida (“Cano”) petitions for review of the Board of Immigration Appeals’s (“BIA”) order affirming the immigration judge’s denial of his motion to reconsider. Cano argues he was denied a meaningful opportunity to present his asylum application. We agree. We grant Cano’s petition, in part, and remand to the BIA with instructions to order a new hearing before the immigration judge (“IJ”).

Cano also petitions for review of the BIA’s denial of his motion to reopen to seek relief under the Convention Against Torture. Because the BIA did not abuse its discretion in denying this motion, we deny this part of Cano’s petition.

BACKGROUND

Cano, a citizen of Guatemala, entered deportation proceedings on December 12, 1996. At his first hearing, Cano chose to proceed without an attorney and requested the IJ consider his asylum application in support of his claim. The IJ informed Cano of his “right to examine and object to any evidence that might be presented by the Government and to present evidence on [his] own behalf.” Cano attempted to submit documents in Spanish to support his application. The IJ told Cano to have the documents translated into English and to…