Janazyan

Janazyan v. Ashcroft

Good Law
113 F. App'x 269
United States Court of Appeals for the Ninth CircuitNovember 15, 2004No. 03-70210California429 words

Opinion

Lead Opinion

MEMORANDUM **

The Janazyans are natives and citizens of Armenia who came to the United States in 1996 and 1997 and overstayed their visas. When the Immigration and Naturalization Service (INS) initiated removal proceedings against them, they conceded removability and applied for asylum, withholding of removal and relief under the Convention Against Torture. All of the family members base their claims on the political activities of the lead petitioner, Vagharshak Janazyan. An Immigration Judge (IJ) found Janazyan not credible and denied the family’s petitions. The Board of Immigration Appeals (BIA) summarily affirmed. We reverse and remand.

The IJ’s adverse credibility finding is not supported by substantial evidence. Janazyan’s testimony expanded upon rather than contradicted his written application. See Singh v. Ashcroft, 301 F.3d 1109, 1112 (9th Cir.2002). Minor discrepancies cited by the IJ, regarding whether Janazyan called an ambulance to help injured employees and the date on which his employer terminated him in 1989, do not go to the heart of his claims. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Finally, confusion over the name of Janazyan’s political…

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