Tsaturyan

MEMORANDUM **

Aspet Tsaturyan, a native of the former Union of Soviet Socialist Republics and a citizen of Russia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.2000), and we grant the petition for review and remand.

Contrary to the government’s contention, the IJ did not make an explicit adverse credibility finding. Therefore, we must assume Tsaturyan testified credibly. See Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000) (“In the absence of an explicit adverse credibility finding, we must assume that [the applicant’s] factual contentions are true.”).

Tsaturyan testified that on several occasions neo-Nazis attacked him because of his ancestry and because of his leadership role in an Armenian social and cultural organization. Tsaturyan also testified that *800 police refused to initiate criminal proceedings against the perpetrators of the attacks and police insulted and beat him. See…