Papazyan

dissenting.

The majority inexplicably concludes that Vergina Papazyan’s testimony was “so credible that no reasonable factfinder could find that she was not credible.” I disagree. In my view, “the IJ established a legitimate, articulable basis to question [petitioner’s] credibility and offered specific, cogent reasons for disbelief as required under our law.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Although only one is needed, the IJ provided at least three well-supported and independently sufficient bases for doing so. I would uphold the adverse credibility determination.

Vergina Papazyan’s asylum application maintained that her husband had been murdered “on the ground that he was Azerbaijanian and Muslim.” However, she testified at her hearing that her husband was alive. The question of whether Papzayan’s husband is alive or whether he was murdered because of his religion and race is clearly an inconsistency that goes to the heart of Papazyan’s asylum claim. The majority states that the discrepancy came about because Papazyan sought help filling out her asylum application in English. This conclusion will surprise Papazyan, as she never made this argument in her…

MEMORANDUM *

Vergina Papazyan petitions for review of the Board of Immigration Appeal’s (“BIA’s”) decision affirming without opinion the Immigration Judge’s (“IJ’s”) denial of her applications for asylum, withholding of removal and relief under the Convention Against Torture. We grant the petition for review.

Where the BIA affirms the IJ without an opinion, the IJ’s opinion becomes the final agency action and we review the IJ’s opinion. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004). An alien seeking withholding from removal bears the burden of demonstrating that it is “more likely than not” that she will be persecuted on account of one of the five protected grounds of race, religion, nationality, membership in a particular social group or political opinion. 8 U.S.C. § 1231 (b)(3). An alien’s credible testimony can sustain this burden without corroboration. 8 C.F.R. § 208.16 (b). If the applicant demonstrates past persecution, it is presumed that future persecution is more likely than not. 8 C.F.R. § 208.16 (b)(1); Ramadan v. Gonzales, 427 F.3d 1218, 1222 (9th Cir.2005). This presumption may be rebutted by a finding that there has been *430 “a fundamental change in…