Hayk Barseghyan v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HAYK BARSEGHYAN, No. 16-72849 Petitioner, Agency No. v. A205-533-215

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted June 15, 2022 San Francisco, California

Filed July 8, 2022

Before: Sidney R. Thomas, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Gould SUMMARY *

Immigration

Granting Hayk Barseghyan’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal of an Immigration Judge’s denial of his application for asylum and related relief, the panel held that three out of four inconsistencies the BIA relied upon in upholding the IJ’s adverse credibility determination were not supported by the record, and remanded on an open record for the BIA to determine in the first instance whether the remaining inconsistency was sufficient to support the adverse credibility determination.

The panel agreed with Barseghyan that there was no inconsistency between his…