Naw

Naw v. Gonzales

Good Law
138 F. App'x 991
United States Court of Appeals for the Ninth CircuitJuly 13, 2005No. 03-71605California498 words

Opinion

Lead Opinion

MEMORANDUM ***

Daw Naw, a native and citizen of Burma, petitions for review of the Board of Immigration Appeals’ (BIA) summary affirmance without opinion of an Immigration Judge’s (IJ) denial of her applications for asylum and withholding of deportation.

*992 Because the BIA summarily affirmed the decision of the IJ, we review the IJ’s decision as if it were the decision of the BIA. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). Naw challenges the decision on three grounds: (1) her due process rights were violated by the manner in which the IJ conducted the hearing; (2) the IJ erred in finding her not credible; and (3) the IJ erred in concluding that she had not established past persecution or a well-founded fear of persecution.

We review claims of due process violations in removal proceedings de novo, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001), and we conclude that Naw, who appeared pro se, was denied a full and fair hearing under Jacinto v. INS, 208 F.3d 725 (9th Cir.2000). First, the IJ failed to explain either before or during the merits hearing the standards upon which Naw’s applications would be judged. The IJ also failed to instruct Naw…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.