Unpublished Disposition, 933 F.2d 1013 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 933 F.2d 1013 (9th Cir. 1991)

Bernardita Alegro ARELLANO, Petitioner,v.IMMIGRATION & NATURALIZATION SERVICE, Respondent.

No. 90-70346.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 1991.* Decided May 16, 1991.

Before ALARCON, KOZINSKI and RYMER, Circuit Judges.


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 at 6-7 (entered in May 1984 and application withdrawn in February 1987); represented on her application that she spoke English, id.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



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3