Avetisyan

Avetisyan v. Gonzales

Good Law
177 F. App'x 760
United States Court of Appeals for the Ninth CircuitApril 28, 2006No. 02-73489California1,059 words

Opinion

lead Opinion

MEMORANDUM **

Lusine Avetisyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeal’s (“BIA”) order affirming the denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 (a), and we grant the petition.

Because the BIA affirmed the immigration judge (“IJ”) without opinion, we review the IJ’s decision. See Ndom v. Ashcroft, 384 F.3d 743, 750 (9th Cir.2004). We review the IJ’s findings for substantial evidence. See Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004); Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002).

The evidence compels the conclusion that Avetisyan is credible. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The adverse credibility finding is not supported by the fact that Avetisyan’s testimony before the IJ was more detailed than her asylum application. See Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996). Similarly, the IJ cannot base the adverse credibility finding on Avetisyan’s failure to provide additional documentary evidence in support of her testimony. See Gui, 280 F.3d at…

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