Movsisyan

Movsisyan v. Ashcroft

Good Law
104 F. App'x 94
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-70156California644 words

Opinion

Lead Opinion

MEMORANDUM **

Armenuhi Movsisyan, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and review the IJ’s decision because the BIA affirmed her conclusions pursuant to 8 C.F.R. § 1003.1 (e)(5). See Arulampalam v. Ashcroft, 353 F.3d 679, 680 (9th Cir.2003). We grant the petition for review in part, and remand for further proceedings.

Movsisyan’s challenge to the BIA’s procedure is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 852 (9th Cir.2003). She did not exhaust her asylum claim with respect to Iran, and we are therefore without jurisdiction to review that aspect of the petition. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (exhaustion is mandatory and jurisdictional).

*96 The IJ’s adverse credibility finding against Movsisyan is not supported by substantial evidence. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). The IJ presented three reasons for her credibility determination, none of which meets this standard.

First,…

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