Shahverdyan

Shahverdyan v. Gonzales

Good Law
182 F. App'x 675
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 04-76460; Agency No. A75-740-958California351 words

Opinion

Lead Opinion

MEMORANDUM **

Kaghtsrik Shahverdyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review adverse credibility determinations for substantial evidence, Guo v. Ashcroft, 361 F.3d 1194, 1199 (9th Cir.2004), and we grant the petition for review and remand.

The agency based its decision in part upon Shahverdyan’s failure to mention in her asylum application a scar resulting from an injury she received while in police custody, yet she was not given the opportunity to explain the omission. See Chen v. Ashcroft, 362 F.3d 611, 618 (9th Cir.2004) (reversing negative credibility finding because, inter alia, petitioner was de *676 nied a reasonable opportunity to explain a perceived inconsistency). Furthermore, this omission from Shahverdyan’s application does not necessarily indicate that she is not credible.

Contrary to the agency’s determination, Shahverdyan’s testimony was not vague and evasive regarding when…

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