Unpublished Disposition, 933 F.2d 1013 (9th Cir. 1991)

MEMORANDUM^** 

Petitioner Bernardita Alegro Arellano claims that the withdrawal of her asylum application was not voluntarily and intelligent. However, petitioner's counsel told the ALJ that petitioner wished to withdraw her application for asylum; petitioner was there and did not object. Admin.Rec. 37. Under oath, petitioner told the ALJ that she wished to withdraw her application. Id. Petitioner nonetheless claims that she didn't speak English and thus did not understand the impact of withdrawal; but that assertion does not comport with the facts. Petitioner had lived in this country for over two and a half years, see id. at 6-7 (entered in May 1984 and application withdrawn in February 1987); represented on her application that she spoke English, id. at 52; received letters from relatives in English, id. at 55, 57-60; responded to questions from the ALJ and her own attorney in English, id. at 37-39; and filed a detailed pro se notice of appeal in English, id. at 13. These facts, all of which appear in the BIA's decision, id. at 4, amply support the BIA's implicit finding that petitioner spoke English well enough to understand she was withdrawing her asylum application and would have to leave the country. Because the BIA's conclusion that the withdrawal was voluntary and intelligent is supported by substantial evidence, the petition is

DISMISSED.