Spesovska

Spesovska v. Holder

Good Law
311 F. App'x 946
United States Court of Appeals for the Ninth CircuitFebruary 12, 2009No. 04-76414California1,062 words

Opinion

Lead Opinion

MEMORANDUM **

Tetyana Spesovska, a native and citizen of the Ukraine, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) *948 order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Spesovska asserts persecution on account of her religion and political opinion. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for rehearing in part, deny in part and remand for further proceedings.

We examine the record to determine whether substantial evidence supports the conclusion that Spesovska is not credible. See Gui v. I.N.S., 280 F.3d 1217, 1225 (9th Cir.2002). Substantial evidence does not support the BIA’s adverse credibility determination. The BIA based its adverse credibility determination on Spesovska’s unresponsiveness during her testimony. The administrative record, however, demonstrates that Spesovska answered every question she was asked. See Singh v. Ashcroft, 301 F.3d 1109, 1114 (9th Cir.2002) (“To support an adverse credibility determination based upon unresponsiveness, the BIA must identify particular…

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