Yermolenko

Yermolenko v. Holder

Good Law
340 F. App'x 395
United States Court of Appeals for the Ninth CircuitJuly 31, 2009No. 05-76908California491 words

Opinion

Lead Opinion

MEMORANDUM **

Anna and Stanislav Yermolenko, natives and citizens of Russia, petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal of an Immigration Judge’s (“IJ”) denial of asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We conclude that the BIA’s adverse credibility findings are not supported by substantial evidence and that the evidence compels a contrary conclusion. We grant the petition and remand to the BIA for further proceedings.

The facts of the case are known to the parties, and we do not repeat them below.

The Yermolenkos argue that the agency’s adverse credibility finding is not supported by substantial evidence. We agree. *396 Many of the alleged inconsistencies between Anna’s and Stanislav’s testimony are unsupported by the record. For instance, Anna’s testimony that Stanislav is an Atheist is consistent with Stanislav’s testimony that Anna was unaware of his belief in God. Stanislav’s testimony also indicates that he was aware of Anna’s September 2001 arrest even though he was questioned only about her November 2000 arrest.

The remaining…

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