Arrey v. Barr, No. 16-73373 (9th Cir. 2019)
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Petitioner sought review of the BIA's decision dismissing her appeal of the IJ's denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Ninth Circuit granted the petition in part and remanded for reconsideration of petitioner's claims. The panel held that the IJ did not deny petitioner her due process rights to counsel and an unbiased factfinder. In this case, petitioner had reasonable time to locate an attorney and was provided several continuances so she could do so. Although the IJ was rude and harsh with petitioner, petitioner failed to show that the harshness or rudeness prejudiced her.
In regard to petitioner's asylum and withholding of removal claims, the Board erred as a matter of law in its analysis and application of the "firm resettlement" rule. In regard to petitioner's claim for relief under the CAT, substantial evidence did not support the Board's determination that petitioner could safely relocate in another area of Cameroon.
Court Description: Immigration The panel granted in part a petition for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture to a citizen of Cameroon, and remanded. The panel rejected petitioner’s contention that she was deprived of her due process right to a full and fair hearing based on the denial of her right to retained counsel and an unbiased fact finder. The panel held that the IJ in this case provided petitioner reasonable time to locate an attorney, where the IJ provided several continuances so she could do so, warned her repeatedly that he would not grant further continuances, and attempted to call her attorney when he failed to appear on the day of her merits hearing. The panel also held that although the IJ was rude and harsh with petitioner, petitioner failed to establish that the IJ’s conduct prejudiced her, where the IJ held a complete hearing and made a thorough decision that fully examined the underlying factual matters, and any potential prejudice caused by the IJ’s questionable adverse credibility determination was cured by the Board’s subsequent decision assuming the credibility of petitioner’s testimony in full. The panel held that the Board committed three legal errors in its application of the firm resettlement bar, which
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