Badalian

Badalian v. Immigration & Naturalization Service

Good Law
22 F. App'x 788
United States Court of Appeals for the Ninth CircuitNovember 15, 2001No. 01-70147; INS No. A70-225-082California346 words

Opinion

Lead Opinion

MEMORANDUM **

Anahit Badalian, a native and citizen of Armenia, petitions for review the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an immigration judge’s denial of her application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § llOSala). 1 We review for substantial evidence credibility findings of the BIA. Turcios v. INS, 821 F.2d 1396, 1399 (9th Cir.1987). We grant the petition, reverse and remand.

The BIA’s adverse credibility determination was the sole basis for its dismissal of petitioner’s appeal. Because the BIA’s adverse credibility determination was based in part on an erroneous finding that petitioner did not mention that she was raped in her first asylum application and that she failed to mention a prior marriage at the hearing, we reverse the BIA’s credibility determination and remand for a new proceeding before the BIA to determine whether petitioner has established past persecution or a well founded fear of future persecution. See Ramos-Vasquez v. INS, 57 F.3d 857, 864 (9th Cir.1995) (BIA’s decision reversed and remanded where BIA’s adverse credibility determination was not based on substantial…

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