Kallas

Kallas v. Holder

Good Law
319 F. App'x 670
United States Court of Appeals for the Ninth CircuitMarch 18, 2009No. 04-76599California368 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioners Denis Kallas (“Denis”), his wife Yaroslavna Kallas (‘Yaroslavna”), and *671 their daughter Margarita Kallas (“Margarita”), citizens of Ukraine, appeal the Board of Immigration Appeals’ (“BIA”) affir-mance of the Immigration Judge’s (“IJ”) order denying asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). The Kallases’ asylum application was based on persecution suffered as the result of Denis’s Tatar ethnicity and activism in a minority rights group in Ukraine, and on Yaroslavna’s Jewish ethnicity and participation in a student protest against anti-Jewish discrimination. The IJ denied the application because he found Denis and Yaroslavna not credible.

We have jurisdiction under 8 U.S.C. § 1252 . We conclude that the IJ’s adverse credibility determinations were not supported by substantial evidence, and that the evidence compels a contrary conclusion. We therefore grant the petition and remand to the BIA for further proceedings.

We address each of the IJ’s reasons for his adverse credibility determination:

Denis Kallas

Yaroslavna Kallas

Notwithstanding the high degree of deference afforded to the IJ’s…

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