Maksoudian

Maksoudian v. Ashcroft

Good Law
90 F. App'x 267
United States Court of Appeals for the Ninth CircuitMarch 17, 2004No. 02-73528; Agency No. A94-211-943California395 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Jacques Garabet Maksoudian petitions for review of the Board of Immigration Appeals’ (“BIA”) summary decision affirming the Immigration Judge’s (“IJ”) denial of his application for cancellation of removal under 8 U.S.C. § 1229b(b) (2003).

According to Maksoudian, the IJ denied him of his due process rights by failing to sua sponte appoint an interpreter to assist Maksoudian’s father during his testimony. Maksoudian asserts that his father’s testimony about his medical condition was crucial evidence explaining the hardship Maksoudian’s parents would face should Maksoudian be removed.

Assuming, without deciding, that the IJ had an obligation to sua sponte provide an interpreter for a witness who did not speak English well, Maksoudian was not denied the opportunity to present evidence about his father’s medical condition. Mak-soudian addressed the issue of his father’s medical condition on direct examination, and could have expanded upon that testimony on redirect examination. In the alternative, Maksoudian could have assembled documentary evidence during the generous period allotted to prepare for his hearing. Because he was provided with a full…

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