Hakopian

Background

Hakopian is a native and citizen of Iran. After entering the United States without inspection, Hakopian filed an applica- tion for asylum and withholding of removal on July 12, 2002. On September 6, 2002, the Immigration and Naturalization Service (“Service”) served Hakopian with a Notice to Appear, charging Hakopian with removability under § 212(a)(6)(A)(i) of the Immigration and Nationality Act (“INA”). See 8 U.S.C. § 1182(a)(6)(A)(i). The Notice to Appear alleged that Hakopian entered the United States at or near San Ysidro, California, on or about April 29, 2002. The Service’s Notice to Appear also informed Hakopian she would be given an opportunity to admit or deny the allegations in the Notice to Appear. At a hearing before an IJ on November 13, 2003, Hakopian admitted she entered the United States on the same date alleged in the Notice to Appear: April 29, 2002.

After a hearing on the merits of Hakopian’s claims for asy- lum, withholding of removal, and CAT relief,2 the IJ issued an oral decision. He found that Hakopian “has no documents to establish the date, time, and manner of her entry, only her own testimony.” Therefore, the IJ concluded that Hakopian’s…