Perekhanov

Perekhanov v. Holder

Good Law
446 F. App'x 60
United States Court of Appeals for the Ninth CircuitJuly 28, 201107-72935California1,039 words

Opinion

Opinion

MEMORANDUM

Rudolf Perekhanov (“Perekhanov”), a native and citizen of Georgia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review in part and remand to the agency for further proceedings.

Credibility determinations are reviewed under the substantial evidence standard. Kin v. Holder, 595 F.3d 1050, 1054 (9th Cir.2010). “Our review is limited to the actual grounds relied upon by the BIA.” Ramirez-Altamirano v. Holder, 563 F.3d 800, 804 (9th Cir.2009). We conclude that substantial evidence does not support the BIA’s adverse credibility determination.

First, the BIA’s conclusion that Perekhanov “changed” his testimony about the extent of the injuries he suffered during the January 16, 1991, home invasion is unsupported by the record. Perekhanov’s testimony was in no way inconsistent. He merely answered the specific questions asked of him and provided additional information in response to additional…

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