Ulises Guardado Ordonez v. Eric Holder, Jr.

MEMORANDUM

Razmik Ovanesyan, a native of Iran and a citizen of Armenia, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We grant the petition for review and we remand.

In light of the IJ’s finding that Ovanes-yan was credible, the record does not support thé agency’s determination that his asylum application was untimely. See Khunaverdiants v. Mukasey, 548 F.3d 760, 766-67 (9th Cir.2008) (agency erred in finding application untimely where IJ credited petitioner’s testimony about experiences in home country that occurred less than one year before he filed his asylum application).

In denying Ovanesyan’s asylum and withholding of removal claims, the agency found Ovanesyan failed to establish a nex us to a protected ground. When the IJ and BIA issued their decisions in this case they did not have the benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081…