Matevosyan

Matevosyan v. Ashcroft

Good Law
116 F. App'x 892
United States Court of Appeals for the Ninth CircuitNovember 29, 2004No. 03-71685; Agency No. A75-647-278California1,216 words

Opinion

Lead Opinion

MEMORANDUM **

Armen Matevosyan petitions for review of the Board of Immigration Appeals’ (BIA) decision to affirm the Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition for review and remand for further proceedings.

We review adverse credibility rulings under the substantial evidence standard. Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). Here, the IJ’s negative credibility determination is not supported by substantial evidence. First, the IJ disbelieved Matevosyan’s testimony that he was a Pentecostal Christian. The IJ concluded that it was “absolutely amazing, and totally incredible” that Matevosyan continued to practice his religion in Armenia despite the danger of persecution and “yet he comes to the United States where there is religious freedom and he doesn’t bother to join a church.” The IJ’s subjective views regarding whether a true Pentecostal Christian would join a church *894 in the United States cannot form the basis of an adverse credibility finding. See Bandan v. INS, 227 F.3d 1160, 1167 (9th…

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