Simidyan

MEMORANDUM **

Nune Simidyan, a Russian native and Armenian citizen, petitions for review of a decision by the Board of Immigration Appeals. The Board dismissed Simidyan’s appeal from the Immigration Judge’s (“IJ”) denial of an application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand for further proceedings.

The Board cited Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), and did not express disagreement with any part of the IJ’s oral decision. “When the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA.” Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (en banc).

I

Simidyan argues that she was denied due process as a result of inadequate translation. Simidyan must show that “a better translation would have made a difference in the outcome of the hearing.” Kotasz v. INS, 31 F.3d 847 , 850 n. 2 (9th Cir.1994) (internal quotations omitted). The record shows that Simidyan received “a fair opportunity to relate [her] version of events.” Id. We cannot conclude that “faulty translation influenced the…