Kopatch

MEMORANDUM **

Alexandre, Natalya, and Lidia Kopatch appeal the BIA’s decision affirming the IJ’s denial of their asylum claims based on incidents that occurred while they lived in the Ukraine and Estonia. Alexandre and Natalya are married and Lidia is their minor daughter.

The BIA denied Alexandre’s petition for asylum on the ground that inconsistencies in his petition and his testimony supported the conclusion that he was not credible. The application, however, was consistent with his testimony in all material respects, including his detention, interrogation, and physical beating due to his involvement with a political group. There was some inconsistency and confusion about the date of his arrest and as to who had helped him prepare his application. None of these inconsistencies went to the heart of the claim, or was substantial enough to support an adverse credibility finding. See Mendoza Manimbao v. Ashcroft, 298 F.3d 852, 857 (9th Cir.2002).

The government also suggests that Alexandre’s failure to mention his wife’s persecution in his application undermines his credibility. The suggestion overlooks the fact that his claim was of political persecution, and was independent of…