Erik Dolukhanyan v. Loretta E. Lynch

MEMORANDUM

Erik Miratovich Dolukhanyan, a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of his asylum application on the basis of her finding that Dolukhanyan was not credible. The IJ identified three discrepancies in Dolukhan-yan’s testimony, and also found that his failure to present the testimony of his mother and sister (who both reside in Los Angeles) detracted from his credibility. Because each of these bases was either improperly found or is not supported by substantial evidence, we grant the petition and remand.

First, Dolukhanyan testified that he was involved in a car accident in Armenia and was subsequently tried and convicted of falling asleep at the wheel, but claimed that the accident was “cooked up,” and the prosecution an incident of persecution. The IJ found that Dolukhanyan’s testimony regarding the “cooked up” accident was inconsistent with the record of conviction from the Armenian court, which showed that Dolukhanyan had pled guilty and had confessed to falling asleep at the wheel, and that the court had sentenced him to a five-year suspended…