Zakharyan

MEMORANDUM **

Appellant-Petitioner Zakhar Zakharyan petitions for review of an order of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of deportation.

We review the BIA’s decision for abuse of discretion; and “the BIA’s denial of relief can be affirmed only on the basis articulated in the decision.” Mattis v. U.S. I.N.S., 774 F.2d 965, 967 (9th Cir.1985) (citation omitted). “Cursory, summary or conclusory statements” are not sufficient to support a BIA decision. Id. (citations omitted).

The BIA failed to elucidate its rationale for denying relief to Zakharyan. It failed to discuss crucial facts, such as Zakharyan’s imprisonment and the murder of his wife. The BIA’s total failure to address pertinent evidence presented by Zakharyan and to articulate its reasons for its ruling requires a reversal. See id.

It is important to note that the BIA “may incorporate the [Immigration Judge’s] opinion if the BIA opinion makes it clear it is doing so.” Alaelua v. I.N.S., 45 F.3d 1379, 1382 (9th Cir.1995). However, in this case, the BIA did not incorporate the IJ’s findings clearly or otherwise. Accordingly, we cannot consider the IJ’s findings in…