Rimal

Rimal v. Holder

Good Law
511 F. App'x 611
United States Court of Appeals for the Ninth CircuitMarch 8, 201308-70693California239 words

Opinion

Opinion

MEMORANDUM

Laxmi Rimal, a native and citizen of Nepal, seeks review of the Board of Immigration Appeals’s (BIA) order dismissing her appeal from an Immigration Judge’s (IJ) decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010), and we review de novo claims of due process violations, Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir.2011).

Substantial evidence supports the IJ’s adverse credibility determinations. The IJ made well-supported findings that Ri-mal’s testimony was vague and inconsistent with her written declaration. See Shrestha v. Holder, 590 F.3d at 1041-42 . Further, Rimal received due process through a full and fair hearing and meaningful BIA review. Rimal was provided a competent translator at the hearing, see Hartooni v. INS, 21 F.3d 336, 340 (9th Cir.1994), and was not prejudiced by either the IJ’s passing reference to a report not in evidence or gaps in the hearing transcript, see Lata v. INS, 204 F.3d 1241,…

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