Hakobyan

Hakobyan v. Ashcroft

Good Law
86 F. App'x 353
United States Court of Appeals for the Ninth CircuitJanuary 27, 2004No. 02-73248; Agency Nos. A75-679-743, A75-679-744, A75-679-745, A75-679-746California1,513 words

Opinion

Lead Opinion

MEMORANDUM **

Knarik Hakobyan, a native of Iran and citizen of Armenia, petitions for a review of the decision of the Board of Immigration Appeals (“BIA”) denying her application for asylum, withholding of deportation, and relief under Article 3 of the Convention Against Torture (“CAT”), pursuant to 8 U.S.C. §§ 1158 (a), 1231(b)(3), and 8 C.F.R. § 208.16 . 1 Hakobyan contends that the Immigration Judge (“IJ”) erred in finding that the testimony of Hakobyan and her husband, Arshak Orujyan, was not credible, and in finding that Hakobyan had not met her burden of proof that she and her family were eligible for asylum, withholding of removal, or relief under the CAT. We grant the petition for review.

*355 When the BIA affirms an IJ’s decision without opinion under 8 C.F.R. § 1003.1 (a)(7), we review the IJ’s decision directly. Falcon Carriche v. Ashcroft, 350 F.3d 845, 850 (9th Cir.2003). We review questions of law de novo. Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir. 2003). We review credibility determinations under the deferential substantial evidence standard. Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002).

The IJ found that Hakobyan was statutorily ineligible for…

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