Savkin

Savkin v. Ashcroft

Good Law
114 F. App'x 829
United States Court of Appeals for the Ninth CircuitNovember 29, 2004No. 03-70701California611 words

Opinion

Lead Opinion

MEMORANDUM *

Anatoliy Ivanovich Savkin and his wife Larisa, both native citizens of Russia, petition for review of the Board of Immigration Appeals’ summary decision affirming the Immigration Judge’s (IJ) denial of his application for asylum and withholding of removal. 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.

We review credibility findings under a substantial evidence standard, and although we accord substantial deference to the IJ, the finding must be based on specific, cogent reasons for any stated disbelief. Manimbao v. Ashcroft, 329 F.3d 655, 658 (9th Cir.2003). Minor inconsistencies or factual omissions that do not go to the heart of the asylum claim are insufficient to support an adverse credibility finding. Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004).

In this case, the IJ’s adverse credibility finding is not supported by substantial evidence. The IJ inappropriately relied on inconsistencies between the asylum appli *830 cation and Savkin’s testimony and declaration. Savkin filled out the application form pro se, the omission was minor, reasonably…

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