Mkrtchyan

MEMORANDUM

Davit Mkrtchyan, a native of the former Soviet Union and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s adverse credibility determination, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and for abuse of discretion the BIA’s denial of the motion to remand, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We review de novo claims of due process violations in removal proceedings. Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). We grant the petition for review, and we remand.

The IJ’s adverse credibility determination relied in part on a government forensic report regarding the authenticity of Mkrtchyan’s political party identification. The government did not disclose the forensic report to Mkrtchyan in advance of the hearing or make the forensic report’s author available for cross-examination at the…