Anahid Nazari Masihi v. Eric H. Holder Jr.

MEMORANDUM

Anahid Nazari Masihi appeals the BIA’s denial of her petition for asylum, withholding of removal, and protection under the Convention Against Torture. We remand.

The parties are familiar with the facts of the case. Petitioner, a native citizen of Iran, claims to have faced difficulties growing up as an Armenian-Christian under Iran’s Islamic regime. Among other things, she claims that she was forced to wear a Hijab and that she had difficulty finding a job in Iran due to her religion. Petitioner also testified before the IJ that while living in Iran she was attacked by a man. After the IJ delivered a decision, Petitioner filed a Notice of Appeal with the BIA, which included a sworn affidavit. In her affidavit, Petitioner claimed that the attack was a rape committed by two men who targeted her for being a Christian.

Petitioner married a German citizen of Iranian heritage and moved to Germany where she later gave birth to two sons. Although Petitioner is not a citizen of Germany, during the five years Petitioner lived in Germany prior to arriving in the United States she was entitled to remain in Germany pursuant to a renewable visa and was eligible to apply for a work…