Hovhanesyan

Hovhanesyan v. Mukasey

Good Law
301 F. App'x 584
United States Court of Appeals for the Ninth CircuitNovember 24, 2008No. 04-75964California776 words

Opinion

lead Opinion

MEMORANDUM **

Grigor Hovhanesyan, a native and citizen of Armenia, petitions for review of a Board of Immigration Appeals (“BIA”) order affirming the immigration judge’s (“IJ”) decision denying him asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

The IJ found that petitioner was not credible and the BIA summarily affirmed *585 the IJ’s denial of relief. Because the IJ’s primary reasons for finding petitioner not credible are not supported by the record and the IJ’s other grounds do not go to the heart of petitioner’s claims, we vacate and remand.

Where the BIA adopts the decision of the IJ, we review the IJ’s decision. Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007). In Don , we explained that:

Id. However, we have also held that:

Jibril v. Gonzales, 423 F.3d 1129, 1133 (9th Cir.2005) (alterations in original).

Here, the IJ’s primary grounds for making an adverse credibility determination were petitioner’s supposed insistence on a shoulder injury and an allegedly unexplained two-day gap between petitioner’s trauma and his admission to the hospital. Neither ground is supported by the…

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