Cham v. Attorney General

Abou Cham (plaintiff) was a citizen of The Gambia who applied for asylum in the United States (defendant). Cham’s native language was Wolof. Although an interpreter was present at the hearing, communication challenges persisted. For example, at the beginning of the hearing, Cham indicated in English that his birth date was in 1978. However, when the immigration judge (IJ) instructed Cham to answer only in Wolof, the interpreter indicated that his birth date was in 1979. When the IJ, who was clearly frustrated, inquired again as to which year was correct, Cham apologized and explained that he could not count in Wolof. The IJ asked for his month and date of birth, and Cham stated in English that he was born on September 28. Because Cham continued mixing English and Wolof, the IJ became even more impatient. The IJ asked the interpreter if the Wolof language had 12 months and if the interpreter knew the names of the months. The interpreter explained that the Wolof language had 12 months; however, it used Arabic names for the months. The interpreter indicated knowing only a few names and indicated personally using English or French for the months. Then, the IJ allowed Cham to give his date of birth in English, and Cham indicated that he was born on September 28, 1978. But moments later, the IJ again chided Cham for speaking English, and Cham apologized. The IJ told Cham he was tired of hearing him apologize and that he did not want Cham to speak English. The IJ scolded Cham that his English was not good; Cham had tripped all over his words and flubbed his chance. The IJ stated that instead of speaking in Wolof and utilizing the interpreter that the IJ had arranged at the government’s expense, Cham preferred to impress the IJ with his English. The IJ again ordered Cham to speak only Wolof because Cham was just delaying the hearing. The IJ denied Cham’s applications and ordered that he be returned to The Gambia. The Board of Immigration Appeals (BIA) partially affirmed the IJ’s ruling and dismissed Cham’s appeal. Cham petitioned for review.