Adrian Mircea Ene; Daniela Ene v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADRIAN MIRCEA ENE; DANIELA
ENE,
Petitioners,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 16-73208
Agency Nos. A096-145-350
A096-145-351
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 13, 2019
San Francisco, California
Before: SCHROEDER, O’SCANNLAIN, and RAWLINSON, Circuit Judges.
This is a petition for review of an order terminating a grant of asylum
because it was fraudulently obtained. The only issue before us is the sufficiency of
the evidence to support that decision. The evidence included the convictions of the
petitioners’ prior attorneys for fraud, and the testimony of the agent who was in
FILED
MAR 15 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

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charge of the investigation of those attorneys and who described the fraudulent
misconduct that specifically included misconduct in representing these petitioners.
The evidence also includes a declaration from Romania disavowing the statement
that had been relied upon in the original asylum proceeding. The totality of the
evidence is more than sufficient to support the termination of the asylum grant.
The petitioners contend that they were denied due process because they were
not able to cross-examine the consular official who translated the Romanian
declaration. The formal rules of evidence, however, are not binding in
immigration proceedings, Sanchez v. Holder, 704 F.3d 1107, 1109 (9th Cir. 2012)
(per curiam), and petitioners have offered nothing that would cast any doubt on the
authenticity or the reliability of the document as translated.
The petition for review is DENIED.
2

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