Karamurzin

Karamurzin v. Gonzales

Good Law
158 F. App'x 794
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-75698California730 words

Opinion

Lead Opinion

*796 MEMORANDUM **

Yevgeniy Sergeevich Karamurzin, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying his applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Smolniakova v. Gonzales, 422 F.3d 1037, 1044 (9th Cir. 2005), we grant the petition for review, and remand for further proceedings.

Substantial evidence does not support the IJ’s adverse credibility determination. The IJ concluded that the objective evidence in the record did not show that Baptists were persecuted in Russia. Even if this were true, however, it would not support the adverse credibility finding. See Zheng v. Ashcroft, 397 F.3d 1139, 1144 (9th Cir.2005) (“petitioner’s testimony must be inconsistent with facts contained in the country report or profile before the IJ may discredit the petitioner’s testimony”) (emphasis added).

The IJ also doubted Karamurzin’s credibility because he did not suffer any consequences from failing to perform abortions during his medical studies, and testified that he was only…

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