Karine Stepanian v. Eric Holder, Jr.

Good Law
599 F. App'x 625
United States Court of Appeals for the Ninth CircuitJanuary 20, 201511-70898California1,177 words

Opinion

Opinion

MEMORANDUM

Karine Stepanian (“Stepanian”), her husband Grigor Kupelian (“Kupelian”), and their daughters, Gayane Kupelian (“Gayane”) and Asdghik Kupelian (“Asdghik”) (collectively, “petitioners”), petition for review of a final order of the Board of Immigration Appeals’ (“BIA” or “Board”) denying their applications for-asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We grant the petition and remand to the BIA, on an open record, for a new credibility finding. See Soto-Olarte v. Holder, 555 F.3d 1089, 1096 (9th Cir. 2009).

1. We review the BIA’s “factual findings, including adverse credibility determinations, for substantial evidence.” Garcia v. Holder, 749 F.3d 785, 789 (9th Cir.2014). “Adverse credibility findings must be supported by specific, cogent reasons, and the reasons set forth must be substantial and must bear a legitimate nexus to the finding.” Ak inmade v. INS, 196 F.3d 951, 954 (9th Cir.1999) (citations, internal quotation marks, and alterations omitted). Because petitioners filed their claim in 2000,. the pre-REAL ID Act standard for adverse credibility determinations controls. See Kaur v. Gonzales, 418 F.3d 1061 , 1064…

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.