Grigol Abroyan v. Loretta E. Lynch

MEMORANDUM

Kima Saakyan, Grigol Abroyan, and Ar-men Abroyan, citizens of Georgia, petition for review of an order of the Board of Immigration Appeals (“BIA”) dismissing their appeal from the Immigration Judge’s (“U”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . For the following reasons, we grant in part and deny in part the petition for review and remand for further consideration.

1. Standard of Review

In reviewing the BIA’s decision, we consider only the grounds on which it expressly relied. Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir.2004) (per curiam). If we conclude that the BIA’s decision cannot be sustained on those grounds, we must remand to the agency for additional investigation or- explanation. Id.; see also I.N.S. v. Ventura, 537 U.S. 12, 16-17 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam). Our review is further constrained by the BIA’s limited incorporation of the IJ’s opinion. The BIA did not adopt the IJ’s opinion wholesale; rather, it relied on the opinion “as a statement of reasons.” Tekle v. Mukasey, 533 F.3d 1044,…