Abramov

MEMORANDUM **

Yuri Abramov, a native and citizen of the Ukraine, petitions for review of the Board of Immigration Appeals’ summary affirmance without opinion under 8 C.F.R. § 1003.1 (e)(4) of an immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. We grant the petition for review. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

In his oral decision, the immigration judge made a number of passing remarks questioning Abramov’s credibility. However, because the immigration judge failed to make an explicit adverse credibility finding, we are required to presume Abramov’s testimony to be true. Hartooni v. INS, 21 F.3d 336, 342 (9th Cir.1994). Taken as true, Abramov was subjected to a groundless prosecution for rape because of his outspoken political beliefs. Objective evidence in the record supports his claim that, during this period, fabricated rape charges were used by the Soviet regime against persons charging public officials with corruption. His claim is further bolstered by the fact that, when the Soviet police searched his…