Perez-Lastor v. Immigration and Naturalization Service

208 F.3d 773 (2000)

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Perez-Lastor v. Immigration and Naturalization Service

United States Court of Appeals for the Ninth Circuit
208 F.3d 773 (2000)

Facts

Martin Perez-Lastor (defendant) entered the United States from Guatemala, and the Immigration and Naturalization Service (INS) (plaintiff) initiated deportation proceedings before an immigration judge (IJ). At the proceedings, Perez-Lastor testified guerillas harassed and threatened his family on account of their political opinions and their membership in a particular social group. Perez-Lastor testified that the government had also detained him and his father for their protection and that his father had been killed while serving in a civil defense unit. Perez-Lastor also testified his brothers were granted asylum in the United States. During the hearing, the IJ questioned Perez-Lastor through a Quiche translator, but Perez-Lastor repeatedly stated he could not understand the translator. The record noted that the translator had to speak slowly for Perez-Lastor to understand him and that Perez-Lastor often was nonresponsive to questions because he did not understand the question. The IJ refused to admit a declaration from Perez-Lastor that was written in English and that further discussed his harassment and persecution in Guatemala. The IJ ultimately denied the application for asylum, and Perez-Lastor appealed to the Board of Immigration Appeals (BIA). The BIA affirmed the decision of the IJ and found the translation issues did not violate the Due Process Clause. Perez-Lastor appealed to the Ninth Circuit, arguing the proceedings before the IJ violated his due-process rights because of the translation issues.

Rule of Law

Issue

Holding and Reasoning (Pregerson, J.)

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