Simonyan

ORDER

Respondent’s petition for panel rehearing is granted and the memorandum disposition filed on February 22, 2010, is withdrawn. A replacement memorandum disposition is being filed concurrently with this order.

MEMORANDUM

Nelli Simonyan, a native of the former Soviet Union and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009). We grant the petition for review and we remand.

The IJ and BIA found Simonyan not credible based on an inconsistency within her testimony regarding the date of her first arrest, and on several perceived discrepancies between her claim and her witness’ testimony. Substantial evidence does not support the agency’s adverse credibility finding based on the date discrepancy, or based on the discrepancy regarding the number of uniformed officers during the second arrest. See Bandari v. INS, 227 F.3d 1160, 1166 (9th Cir.2000) (“Any alleged…