Patatanyan

MEMORANDUM **

Petitioners Rafik Patatanyan (“Rafik”), 1 his wife Loreta, and their two sons (collectively “the Patatanyans”) petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal, and relief under Article 3 of the Convention Against Torture (“CAT”). The BIA affirmed the IJ’s finding that Rafik “did not make a credible claim for asylum” because of inconsistencies between the testimony of Rafik and that of his brother regarding their arrest and detention in Armenia in April 1995. We hold that the adverse credibility finding was not supported by substantial evidence and remand for further proceedings.

I.

We have jurisdiction to review the BIA’s final order of removal under 8 U.S.C. § 1252 (a)(1). Where, as here, the BIA adopts and affirms the IJ’s decision pursuant to Matter of Burbano, 20 I & N Dec. 872, 874 (B.I.A.1994), and “does not express any disagreement with any part of the immigration judge’s decision ... the BIA adopts his decision in its entirety.” Tchoukhrova v. Gonzales, 404 F.3d 1181, 1188 (9th Cir.2005). We therefore “treat the immigration…