Manukian

Manukian v. Holder

Good Law
348 F. App'x 252
United States Court of Appeals for the Ninth CircuitOctober 7, 2009No. 03-74217California458 words

Opinion

Lead Opinion

MEMORANDUM ***

Hovik Manukian, a native and citizen of Iran, seeks review of a final order of the Board of Immigration Appeals (BIA) denying his claims for asylum, withholding of removal and protection under the Convention Against Torture (CAT). We grant the petition and remand for a determination on an open record whether Manukian is entitled to asylum, withholding of removal or CAT relief.

The BIA and immigration judge (IJ) made an adverse credibility determination on three grounds, stating each was insufficient by itself, but, taken together, provided sufficient reason to discredit Manuki-an’s testimony that he was a member of the Assembly of God Church in Iran, assisted Muslims in converting to Christianity, and escaped Iran to avoid persecution for his role in the conversion of Muslims. We conclude that at least one of these grounds — that an Assembly of God member would have made more effort to locate or attend more frequently Assembly of God services in Las Vegas, Nevada or Glendale, California — was based on improper conjecture. See Li v. Holder, 559 F.3d 1096, 1102-07 (9th Cir.2009); Guo v. Ashcroft, 361 F.3d 1194, 1201-02 (9th Cir.2004); Shah v. INS, 220 F.3d 1062,…

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