Abramova

Abramova v. Holder

Good Law
338 F. App'x 664
United States Court of Appeals for the Ninth CircuitJuly 20, 2009No. 06-71771California280 words

Opinion

Lead Opinion

MEMORANDUM **

Bella Abramova, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her asylum and withholding of removal application. We have jurisdiction under 8 U.S.C. § 1252 . *665 We grant the petition for review and remand.

Because the BIA deemed Abramova’s testimony credible, it erred in requiring her to corroborate her date of entry in U.S. and in upholding the IJ’s pretermission of her asylum application. See Ladha v. INS, 215 F.3d 889, 899 (9th Cir.2000) (holding no corroborating evidence required from asylum applicants who have testified credibly). Accordingly, we remand to the agency to determine whether Abramova is eligible for asylum in the first instance. See INS v. Ventura, 537 U.S. 12, 16-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

As to withholding of removal, the BIA erred in failing to address Abramova’s contention that the IJ erred in concluding her two detentions and beatings did not rise to the level of past persecution. See Sagaydak v. Gonzales, 405 F.3d 1035, 1040 (9th Cir.2005) (“the BIA [is] not free to ignore arguments…

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