Arman Arakelyan v. Eric H. Holder Jr.

MEMORANDUM

Arman Arakelyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s 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 agency’s findings of fact, including credibility findings. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008). We grant the petition for review and we remand.

Substantial evidence does not support the BIA’s adverse credibility finding because the inconsistencies the BIA identified between Arakelyan’s testimony and his documentary evidence regarding the closure of his business and the year his nonprofit joined an opposition alliance do not go to the heart of his claim. See Singh v. Gonzales, 439 F.3d 1100, 1106, 1108-09 (9th Cir.2006) (inconsistencies in who paid bribe to secure petitioner’s release and number of times petitioner transported protesters did not support adverse credibility finding). Accordingly, we remand Arakelyan’s asylum, withholding of removal, and CAT claims on an…