Hakobyan

Hakobyan v. Holder

Good Law
446 F. App'x 912
United States Court of Appeals for the Ninth CircuitAugust 12, 201107-71680California1,103 words

Opinion

Opinion

MEMORANDUM

Kristine Hakobyan and her daughter, Ani Ayvazyan, petition for review of a decision of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of their application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We grant the petition and remand to the BIA.

1. The BIA and IJ denied Ha-kobyan’s application for asylum and withholding on adverse credibility grounds, basing their determination on perceived inconsistencies in Hakobyan’s testimony regarding the following: (a) the nature and extent of Hakobyan’s involvement in the soldier’s complaint; (b) the number of complaints Hakobyan made to the local police about domestic abuse; and (c) Ha-kobyan’s father-in-law’s motivation for beating her on September 5, 2001. We hold that “the evidence compels a contrary result.” Singh v. Holder, 643 F.3d 1178, 1180 (9th Cir.2011).

a.In focusing on the language differences between Hakobyan’s second affidavit and her testimony, the BIA improperly based its adverse credibility determination on a “[m]inor inconsistenc[y] that revealfs] nothing about [Hakobyan’s] fear for her safety.” Tekle v. Mukasey, 533 F.3d 1044,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.