Grigoryan

MEMORANDUM

Petitioner Ashot Grigoryan, a native and citizen of Armenia, appeals the denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because the Immigration Judge’s (IJ) and Board of Immigration Appeals’ (BIA) adverse credibility finding based upon “inconsistencies” and “omissions” is not supported by substantial evidence, we reverse and remand.

1. Where the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), and also provides its own review of the evidence and the law, the court reviews both the IJ and the BIA’s decisions. See Joseph v. Holder, 600 F.3d 1235, 1239-40 (9th Cir.2010).

The IJ incorrectly states that Gri-goryan failed to mention in his declaration that he was a shareholder at a factory. While Grigoryan’s asylum application does not mention the government’s audits of the factory or the payments the factory was forced to make, the application does state that “the government began its illegal activities against our [factory],” that “the government is illegally harassing us and stepping over the rights of the private sector,” and that “Internal Affairs continued to come after us and…