061477P.pdf   05/21/2007  Naing Tun  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  06-1477
   Immigration & Naturalization Service   
   [PUBLISHED] [Melloy, Author, with Benton and Shepherd, Circuit
   Judges]
   Petition for review - Immigration. Court did not have jurisdiction to
   review the Board's determination that asylum relief was unavailable
   because petitioner failed to file a timely asylum application; with respect
   to the claims for withholding of removal and relief under the Convention
   Against Torture, the case must be remanded for further proceedings
   because the improper exclusion of evidence coupled with unreliable
   translation denied petitioner a fair hearing in violation of his Fifth
   Amendment rights; Immigration Judge erred in excluding physician's
   testimony which would have corroborated petitioner's claims that he was
   abused and tortured in Burma; IJ erred in excluding a county conditions
   report from a facially unobjectionable expert who could not be present at
   the hearing as the government failed to put forth any reason to impugn
   his qualifications or to suspect he was biased and failed to identify any
   ground upon which cross-examination was required; while isolated
   instances of mistranslation do not provide a basis for relief, relief was
   justified in this case because of the seriousness of the errors and the IJ's
   and Board's reliance on the mistranslations; on remand, the Board should
   give proper consideration to the medical evidence and assure adequate
   translation.