1st Cir Finds No Due Process Violation As No Objection Raised to Translation During IJ Hearing

Tieng v. Mukasey (9/10/08)

LYNCH, Selya, Howard 

 

Tieng Sok is a Cambodian national who fled persecution she suffered on account of her political activities against the Cambodian People’s Party (CPP).  After her husband was killed by the CPP, Sok was approached by the police who warned her not to file a report blaming the CPP.  However, the Court concluded that the IJ and BIA properly found no past persecution and a lack of objectively reasonable evidence of future persecution.  In addition, the Court denied Sok’s due process violation which was based on a claim of poor translation during the IJ hearing.  The Court, as did the BIA, stated that since Sok had failed to object to the translation during the IJ hearing, it was not a meaningful complaint before the Court.  Furthermore, the Court found that since the IJ considered the evidence “in the best possible light for [Sok]”...”it is not clear how the alleged deficiency could have affected the outcome of the proceedings.”

 

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