Aida Tsaturyan v. Eric Holder, Jr.

MEMORANDUM

Aida Tsaturyan and her children, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision (“IJ”) denying their 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 the agency’s findings of fact, including credibility findings, for substantial evidence and must uphold the finding unless the evidence compels a contrary result. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008). We grant the petition for review, and remand.

The BIA specifically mentioned six of the reasons provided by the IJ in support of the adverse credibility finding. Substantial evidence does not support the adverse credibility determination based on inconsistencies between Tsaturyan’s testimony and a report of a psychological evaluation or supporting affidavits in the record, because Tsaturyan was not given an opportunity to explain the perceived discrepancies. See id. at 1053 ; see also Akinmade v. INS, 196 F.3d 951, 957 (9th Cir.1999) (IJ erroneously faulted petitioner for not…