Rykova

Rykova v. Gonzales

Good Law
143 F. App'x 887
United States Court of Appeals for the Ninth CircuitSeptember 20, 2005No. 03-70272; Agency No. A76-858-787California579 words

Opinion

Lead Opinion

MEMORANDUM *

Irina Andreevna Rykova, a native and citizen of Belarus, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), which affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal on the ground that she lacked credibility. We grant the petition for review, vacate the BIA’s decision, and remand for further proceedings.

We have jurisdiction to review Rykova’s challenge to the adverse credibility finding notwithstanding the lack of specificity in her notice of appeal to the BIA. See 8 C.F.R. § 1003.3 (b). Her appeal challenged by implication the adverse credibility finding upon which the IJ’s decision was based. See Aguilera-Cota v. INS, 914 F.2d 1375 , 1383 n. 8 (9th Cir.1990). Moreover, the BIA affirmed the IJ’s credibility findings. See Salaam v. INS, 229 F.3d 1234, 1238 (9th Cir.2000) (treating BIA’s comments on “implausibility” of testimony as an adverse credibility finding). Thus Rykova has exhausted her administrative remedies, and we have jurisdiction to review her petition. See Sagermark v. INS, 767 F.2d 645, 648 (9th Cir.1985) (describing the purposes of the administrative exhaustion…

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