Orujyan

Orujyan v. Ashcroft

Good Law
110 F. App'x 774
United States Court of Appeals for the Ninth CircuitSeptember 20, 2004No. 03-70305California362 words

Opinion

Lead Opinion

MEMORANDUM **

Sargis Orujyan, Lead petitioner, and his wife Hasmik Shirvanyan, natives of Iran and citizens of Armenia, and their child Sevak Orujyan, a native and citizen of Armenia, petition for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) decision denying their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, See Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir.2000), and we grant the petition for review and remand.

Substantial evidence does not support the IJ’s adverse credibility finding. The IJ requested that Orujyan demonstrate his proselytization skills at his immigration hearing and determined that Orujyan’s response demonstrated that he “is not familiar with the teachings of Jesus, at least those teachings that would win converts.” Because the IJ’s reasoning is little more than speculation, it cannot form the basis of an adverse credibility finding. See Maini v. INS, 212 F.3d 1167, 1175 (9th Cir.2000).

Moreover, the IJ stated that Petitioner’s written asylum…

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